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SILICA EXCLUSION ABSOLUTE This insurance does not apply to liability injury or damages of any kind to include but not limited to bodily injury prop erty damage or personal and advertising injury including costs or expenses actually or allegedly arising out of related to caused by contributed to by or in any way connected with actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the mining manufacturing distribution sale resale rebranding instal lation repair removal encapsulation abatement replacement or handling of exposure to ingestion of testing for or failure to disclose the presence of failure to warn or advise of silica products containing silica or products designed or used to protect from the inhalation ingestion contact with or any other exposure to silica whether or not the silica is or was at any time airborne as a fume dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of silica or products and materials containing silica 2 Such actions as may be necessary to monitor assess and evaluate the release or threat of same of silica or products and material containing silica 3 Disposal of silica substances or the taking of such other action as may be necessary to temporarily or permanently pre vent minimize or mitigate damage to the public health or welfare or to the environment which may otherwise result 4 Compliance with any law or regulation regarding silica 5 Existence storage handling or transportation of silica 6 Any supervision instructions recommendations warranties express or implied warnings or advice given or which should have been given. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. ELECTROMAGNETIC RADIATION EXCLUSION ABSOLUTE This insurance does not apply to 1. Bodily injury property damage or personal and advertising injury including costs or expenses arising out of related to caused by contributed to by or in any way connected with the actual or alleged exposure to presence of formation of or existence of electromagnetic radiation 2. Any loss claim suit cost or expense arising out of any request demand order statutory regulatory or govern mental requirement that any insured or others for whom any insured is legally liable test for comply with standards for monitor clean up remove contain treat detoxify neutralize abate mitigate or in any way respond to or assess the effects of electromagnetic radiation 3. Any loss claim suit cost or expense including but not limited to fines or penaltics arising out of any failure to comply with any statutory regulatory or governmental standards concerning acceptable levels of electromagnetic radiation 4. Any supervision instructions recommendations warnings or advice given or which should have been given in con nection with Paragraphs 1. 2. or 3. above or 5. Any obligation to share damages with or repay anyone else who must pay damages in connection with Paragraphs 1. 2.3.0r 4. above. Electromagnetic radiation means any form of electrical and magnetic energy or electric and magnetic fields within the electromagnetic spectrum whether naturally occurring or artificially created regardless of source and includes but is not limited to radio frequency radiation. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. Page3of3 O AD 68 830413 Includes copyrighted material of Insurance Services Office Inc. with its permission 2012 | 2 |
Policy Number CA000027678 03 AD 6886 05 11 Effective Date 07012019 THIS ENDORSE INJURY TO WORKERS EXCLUSION JOINT FORM NT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM IMPORTANT NOTICE THE FOLLOWING EXCLUSIONS APPLY ONLY IF THE BOX ADJACENT TO THE EXCLUSION TITLE IS CHECKED. X INJURY TO INDEPENDENT CONTRACTORS EXCLUSION This insurance does not apply to bodily injury property damage or personal and advertising injury to 1. Any independent contractor hired directly or indirectly by you or on your behalf 2. Any employee of any independent contractor hired directly or indirectly by you or on your behalf or 3. The spouse child parent brother sister or registered domestic partner of that independent contractor or employee of that independent contractor as a consequence of Paragraph 1. or 2. above. For the purposes of this endorsement the term employee includes a leased employee temporary employee borrowed servant casual laborer or any other person working for any independent contractor hired directly or indirectly by you or on your be half. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X INJURY TO TEMPORARY VOLUNTEER OR CASUAL WORKER EXCLUSION This insurance does not apply to bodily injury or personal and advertising injury to any 1. Temporary worker 2. Volunteer worker 3. Casual worker or 4. The spouse child parent brother sister or registered domestic partner of that worker as a consequence of Paragraph 1. 2. or 3. above. For the purposes of this endorsement only temporary worker means A person who is furnished to any insured to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions however temporary worker does not include a person who is furnished to any insured by a labor union to substitute for a permanent employee on leave or to meet seasonal or short term workload conditions. Page 1 0f2 AD 68 86 05 11 | 2 |
For the purposes of this endorsement only casual worker means 1. A person other than a person furnished to you by a labor union who acts at the direction of and within the scope of duties determined by any insured and is employed by any insured for a short time and for a limited and temporary pur pose or 2. A person for whom any insured or a labor leasing firm acting on behalf of any insured does not withhold federal income taxes and pay federal unemployment tax. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X INJURY TO LEASED WORKER EXCLUSION This insurance does not apply to bodily injury property damage or personal and advertising injury to 1. Any leased worker or 2. The spouse child parent brother sister or registered domestic partner of that leased worker as a consequence of Para graph 1. above. This exclusion applies 1. Whether the insured may be liable as an employer or in any other capacity and 2. To any obligation to share damages with or repay someone else who must pay damages because of the injury or damage. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury property damage or per sonal and advertising injury to which this endorsement applies. X ABSOLUTE EMPLOYERS LIABILITY EXCLUSION Commercial General Liability Coverage Form Section I Coverage A Exclusion e. is deleted in its entirety and replaced by the following e. Employer s Liability Bodily injury to 1 Any employee of any insured arising out of and in the course of a Employment by any insured or b Performing dutics related to the conduct of any insured s business or 2 The spouse child parent brother sister or registered domestic partner of that employee as a consequence of Paragraph 1 above. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity and 2 To any obligation to share damages with or repay someone else who must pay damages because of the inju ry. Itis further agreed that Definition 9. Paragraph f. is amended to include the following subparagraph 4 4 Under which any insured assumes liability for bodily injury to an employee of any insured arising out of and in the course of employment by any insured or performing duties related to the conduct of any insured s business or to the spouse child parent brother sister or registered domestic partner of that employee. We shall have no duty to investigate defend or indemnify any insured against any loss claim suit demand fine or other proceeding alleging injury or damages of any kind to include but not limited to bodily injury. property damage or per sonal and advertising injury to which this endorsement applies. AD 68 86 05 11 Page2 of 2 | 2 |
Policy Number CA000027678 03 AD 68881213 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SPECIAL EXCLUSIONS JOINT FORM This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE FORM OCCURRENCE VERSION PRE EXISTING DAMAGE EXCLUSION It is agreed under Section 1 Coverages Coverage A Bodily Injury and Property Damage Liability 1. Insuring Agree ment Paragraphs b 3 and d are deleted in their entirety and the following exclusion is added to this policy This insurance does not apply to 1. Any damages arising out of or related to bodily injury or property damage whether such bodily injury or property damage is known or unknown a which first occurred prior to the inception date of this policy or the retroactive date of this policy if any whichever is earlier or b which are or are alleged to be in the process of occurring as of the inception date of the policy or the retroac tive date of this policy if any whichever is carlicr even if the bodily injury or property damage continues during this policy period. Any damages arising out of or related to bodily injury or property damage whether known or unknown which are in the process of settlement adjustment or suit as of the inception date of this policy or the retroactive date of this policy if any whichever s earlier. We shall have no duty to defend any insured against any loss claim suit or other proceeding alleging damages arising out of or related to bodily injury or property damage to which this endorsement applies. EMPLOYMENT RELATED PRACTICES EXCLUSION A. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage A Bodily Injury And Proper ty Damage Liability This insurance does not apply to Bodily injury to 1 A person arising out of any wrongful employment acts or 2 The spouse child parent brother sister or registered domestic partner of that person as a consequence of bodi ly injury to that person at whom any of the wrongful employment acts described in Paragraph 1 above is directed. This exclusion applies 1 Whether any insured may be liable as an employer or in any other capacity 2 To any obligation to share damages with or repay someone else who must pay damages because of the injury and 3 Whether the wrongful employment acts occurs before employment during employment or after employment of that person. Pagelof2 O AD 68881213 | 2 |
B. C. The following exclusion is added to Paragraph 2. Exclusions of Section I Coverage B Personal And Advertising Injury Liability This insurance does not apply to Personal and advertising injury to O A person arising out of any wrongful employment acts or The spouse child parent brother sister or registered domestic partner of that person as a consequence of per sonal and advertising injury to that person at whom any of the wrongful employment acts described in Par agraph 1 above is directed. This exclusion applies O 3 Whether any insured may be liable as an employer or in any other capacity To any obligation to share damages with or repay someone else who must pay damages because of the injury and Whether the wrongful employment acts occurs before employment during employment or after employment of that person. Additional Definitions 1 Wrongful employment acts means any of the following actual alleged or related acts committed by or on behalf of any insured arising out of a potential actual or post employment relationship with any person b d e Discrimination or harassment because of race color religion age sex disability pregnancy national origin sexual orientation marital status or any other basis prohibited by law which results in termination of the em ployment relationship or demotion or failure or refusal to hire or promote or failure to accommodate an em ployee or potential employee or denial of an employment privilege or the taking of any adverse or differen tial employment action or Sexual harassment including unwelcome sexual advances requests for sexual favors or other conduct of a sexual nature that is made a condition of employment is used as a basis for employment decisions or creates an intimi dating hostile or offensive work environment that interferes with work performance or Termination constructive discharge wrongful failure to hire wrongful demotion retaliation misrepresentation infliction of emotional distress defamation invasion of privacy humiliation wrongful evaluation or breach of an implied contract or agreement relating to employment whether arising out of any personnel manual policy statement or oral representation or Physical assault or battery or any other similar behavior that creates an intimidating hostile offensive or dan gerous work environment or Training or failing to train any employee in accordance with any applicable federal state or local law regula tion ordinance rule guidance document or policy directive governing any act described in Paragraph C. 1 a through Paragraph C. 1 d above or Failure to comply with any applicable federal state or local law regulation ordinance rule guidance document or policy directive related to the prevention of any act described in Paragraph C. 1 a through Paragraph C. 1 d above or malicious prosecution. Page2of2 O AD 68881213 | 2 |
Policy Number CA000027678 03 AD 67081013 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. OCCUPATIONAL DISEASE EXCLUSION ABSOLUTE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART It is agreed there is no coverage afforded under this policy for any bodily injury to any individual resulting from any occu pational or environmental disease arising out of any insured s operations completed operations or products. Pagelof1 O AD 670810 13 | 2 |
Policy Number CA000027678 03 Policy Number CA000027678 03 AD 673503 07 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRODUCT DESIGN COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART It is agreed your product includes engineering and de 2 Engineering and design work performed by you for sign work performed by you and which is incorporated by others. you into your product however this insurance does not For the purposes of this endorsement engineering and apply to design work means the making drawing planning draft 1 Engineering and design work performed by others on ing formulating or developing of a plan specification or your behalf or formula. Pagelof1 O AD 67 3503 07 | 2 |
Policy Number CA000027678 03 AD 6748 05 11 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INTELLECTUAL PROPERTY EXCLUSION AMENDED DEFINITION OF PERSONAL AND ADVERTISING INJURY This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART I. SECTION I COVERAGES COVERAGE B PER SONAL AND ADVERTISING INJURY LIABILITY Exclusion i. is deleted in its entirety and replaced by the following i Personal and advertising injury arising out of 1 Any infringement disparagement dilution or diminution of or damage to a Copyright slogan or title b Patent Trademark service mark service name collective mark or certification mark in cluding without limitation any word name symbol device or any combination thereof used to identify or distinguish the origin of a good product or service d Trade secret or practice Trade dress including without limitation any shape color design or appearance used to distinguish the origin of a good product or service f Advertising ideas concepts campaigns or style of doing business or g Any other proprietary property rights or intellectual property rights recognized or implied by law. 11 2 Any false designation of the origin of a good product or service. 3 Any deceptive false fraudulent misleading unfair unlawful or untrue business act or practice. The definition of personal and advertising injury in the DEFINITIONS section of the COMMERCIAL GENERAL LIABILITY COVERAGE FORM is de leted in it entirety and replaced by the following Personal and advertising injury means injury includ ing consequential bodily injury arising out of one or more of the following offenses a. False arrest detention or imprisonment b. Malicious prosecution The wrongful eviction from wrongful entry into or invasion of the right of private occupancy of a room dwelling or premises that a person occupies committed by or on behalf of its owner landlord or lessor d. Oral or written publication of material that slan ders or libels a person or organization or dispar ages a person s or organization s goods products or services or e. Oral or written publication of material that vio lates a person s right of privacy. Pagelofl O AD 67 48 05 11 | 2 |
Policy Number CA000027678 03 AD 6758 02 09 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ENGINEERED NANOPARTICLES EXCLUSION ABSOLUTE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART This insurance does not apply to any bodily injury prop erty damage personal and advertising injury or reduc tion in value related to actual alleged or threatened past present or future claims arising in whole or in part either directly or indirectly out of the manufacture creation dis tribution sale resale rebranding installation repair re moval encapsulation release abatement replacement or handling of exposure to testing for failure to test for or failure to warn or disclose the presence of engineered na noparticles products containing engineered nanoparti cles or products designed or used to protect from the in halation ingestion adsorption absorption contact with or other exposure to or contamination by engineered nano particles whether or not the engineered nanoparticles are or were at any time airborne as a fume aerosol dust powder fiber or particle contained in a product carried on clothing inhaled transmitted in any fashion or found in any form whatsoever. It is further agreed that this insurance does not apply to any loss cost or expense including but not limited to payment for investigation or defense fines penalties interest and other costs or expenses arising out of or related to any 1 Clean up or removal of engineered nanoparticles or products and materials containing engineered nanoparticles 2 Such actions as may be necessary to monitor as sess and evaluate the release or threat of same of engineered nanoparticles or products and mate rial containing engineered nanoparticles 3 Disposal of engineered nanoparticle substances or the taking of such other action as may be neces sary to temporarily or permanently prevent mini mize or mitigate damage to the public health or welfare or to the environment which may other wise result 4 Compliance with any law or regulation regarding engineered nanoparticles 5 Existence storage handling or transportation of engineered nanoparticles 6 Any supervision instructions recommendations warranties express or implied warnings or ad vice given or which should have been given. It is further agreed that for any claim made or suit brought which is excluded under the terms of this endorse ment the Company shall not have the obligation to defend adjust investigate or pay any cost for investigation de fense attorney fees or adjustment arising out of such claims. Engineered nanoparticles means particles and materials that 1 Consist of elements or compounds 2 Are manufactured distributed sold produced or disposed of by or on behalf of any insured or oth ers and 3 Are five hundred 500 nanometers or less in size in at least one dimension. Engineered nanoparticles include but are not limited to 1 Nanotubes nanowires nanocrystals nanoanten nas nanobuds nanorods nanoclusters nanopow ders nanoshells nanominerals nanofluids nano structured fluids liposomes lipoplex systems mi croemulsions micelles quantum dots buckyballs buckminsterfullerenes and fullerenes and 2 Their dendrimers polymers aggregates and ag glomerates in any form whether solid fluid or gascous. Reduction in value means the actual or alleged diminu tion impairment devaluation or loss of use of tangible property whether or not physically injured. Pagelofl O AD 67 58 02 09 | 2 |
Policy Number CA000027678 03 AD 68 67 01 10 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WORLDWIDE COVERAGE This endorsement modifies insurance provided under the following COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS COMPLETED OPERATIONS LIABILITY COVERAGE PART Amended Definition of Coverage Territory C. Payment of Sums Outside of the United States of The Definition of coverage territory shown in the Coverage Form is deleted in its entirety and replaced by the following Coverage territory means anywhere in the world except any location that is subject to trade or other economic sanctions or embargo by the United States of America or where coverage is otherwise prohibit ed by the United States Office of Foreign Assets Con trol. Suits Outside of the United States of America Puerto Rico and Canada If a suit is brought outside of the United States of America including its territories and possessions Puerto Rico or Canada the following shall apply 1. We will have the right but not the duty to defend the claim or suit. 2. The insured will initiate a defense of the claim or suit in accordance with the following condi tions a. We retain the right to assume and control the investigation adjustment or defense of any claim or suit at any time. b. Inthe event we do not exercise our right or are prevented from doing so because we are not licensed or permitted by law in the ap plicable jurisdiction to defend the insured we will reimburse the insured under Sup plementary Payments for any reasonable and necessary expenses incurred for the investi gation of a claim or defense of a suit seek ing damages to which this insurance applies that we would have paid had we exercised our right to defend. No such expenses shall be paid by any insured without our prior written consent. America Puerto Rico and Canada 1. Ifthe insured becomes legally obligated to pay sums because of damages to which this insurance applies in a part of the coverage territory out side of the United States of America including its territories and possessions Puerto Rico or Canada and we are prevented from paying such sums and associated expenses if applicable be cause we are not licensed or permitted by law in the applicable jurisdiction to pay such sums on the insured s behalf we will reimburse the in sured for such sums to the extent permitted by law. 2. The premium and all payments or reimburse ments we make for damages because of judg ments or settlements are payable when due in United States currency unless otherwise specified in the Declarations. If judgment is rendered set tlement is made or another element of sums paid for damages or expenses under Supplementary Payments is stated in a currency other than Unit ed States currency then payment under this in surance shall be made in the currency stated in the Declarations at the prevailing rate of ex change as published on OANDA com as of the date payment is made. In no event shall we pay more than the Limits of Insurance shown in the Declarations. D. Coverage Disputes 1. Any disputes between you and us as to whether there is coverage under this insurance must be filed in the courts of the United States of Ameri ca including its territories and possessions Puerto Rico or Canada. Pagelof2 O AD 68 67 01 10 | 2 |
Compulsory Coverage The insured must fully maintain any coverage re quired by law regulation or other governmental au thority during the policy period except for reduction of the aggregate limits due to payments of claims Jjudgments or settlements. 1. No Substitute for Compulsory Coverage This insurance is not a substitute for any insur ance coverage that is required by law regulation or other governmental authority that is required to be in force to satisfy the legal requirements of a given jurisdiction. 2. Failure to Maintain Compulsory Coverage Failure to maintain such coverage required by law regulation or other governmental authority will not invalidate this insurance however this insurance will apply as if the coverage required by law regulation or other governmental authori ty was in full effect. Excess Coverage SECTION IV CONDITIONS Paragraph 4. Other Insurance is amended to include the following Notwithstanding any other provision in this Policy to the contrary if the insured becomes legally obligated to pay damages to which this insurance applies as de termined in a claim made or suit brought outside of the United States of America including its territories and possessions Puerto Rico or Canada then the amount we will pay for all damages and associated expenses under Supplementary Payments if applica ble that are otherwise covered under this insurance is excess over Any other insurance whether such insurance is written on a primary excess contingent or on any other basis unless such insurance is specifi cally written as excess insurance over the Limits of Insurance shown in the Declarations Any self insured retention or deductible provided by the insurance referenced in Paragraph F.1. above and Where the insured has failed to maintain the compulsory coverage required by law as refer enced in Paragraph E. above the limits of such insurance which should have been maintained had the insured satisfied the compulsory insur ance requirements. G. Additional Duties The terms and conditions of this insurance are amended in accordance with the language of this en dorsement. All terms and conditions of this insurance shall otherwise apply including but not limited to the following 1. The insured s duties in the event of an occur rence offense claim or suit set forth in SEC TION IV CONDITIONS shall apply except that we shall have the right but not the duty to in vestigate a claim or defend a suit. In no event shall the insured except at the in sured s own cost voluntarily make a payment assume any obligation or incur any expense other than for first aid without our consent. In no event shall the insured admit liability or settle any claim or suit without our consent. Page2of2 O AD 68 67 01 10 | 2 |
Policy Number CA000027678 03 Al44 020818 Effective Date 07012019 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY SERVICE OF SUIT NOT APPLICABLE IN DELAWARE AND NEW JERSEY Pursuant to any statute of any state territory or district of the United States which makes provision therefore the Company hereby designates the Superintendent Commissioner or Director of Insurance or other Officer specified for that purpose in the Statute or his her successor or successors in office as its true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by or on behalf of you or any beneficiary hereunder arising out of this contract of insurance and hereby designates the below named as the person to whom the said Officer is authorized to mail such process or a true copy thereof. It is further agreed that service of process in such suit may be made upon Janet Shemanske or her nominee of the Company at 7233 East Butherus Drive Scottsdale Arizona 85260 and that in any suit instituted against the Company upon this policy it will abide by the final decision of such Court or of any Appellate Court in the event of an appeal. Nothing herein shall constitute a selection or designation of forum or a waiver of any of the Company s rights to select a forum or court including any of the federal courts of the United States. This includes any right to commence an action in or remove or transfer an action to the United States District Court or any other court of competent jurisdiction as permitted by law. Further pursuant to any statute of any state territory or district of the United States of America or province of Canada which makes provision therefore we hereby designate the Superintendent Commissioner or Director of Insurance or other officer specified for that purpose in the statute or his successor or successors in office as our true and lawful attorney upon whom may be served any lawful process in any action suit or proceeding instituted by you or on your behalf or any beneficiary hereunder arising out of this contract of insurance and we hereby designate the above named as the person to whom the said officer is authorized to mail such process or a true copy thereof. Pagelofl O Al44 020818 | 2 |
TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for PETCO THRIVE JV LLC 800 WEST CAESAR CHAVEZ ST. B100 AUSTIN TX 78701 Presented by LOCKTON COMPANIES LLC TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for PETCO THRIVE JV LLC 800 WEST CAESAR CHAVEZ ST. B100 AUSTIN TX 78701 Presented bv LOCKTON COMPANIESLLC TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for PETCO THRIVE JV LLC 800 WEST CAESAR CHAVEZ ST. B100 AUSTIN TX 78701 TRAVELERS Report Claims Immediately by Calling 1 800 238 6225 Speak directly with a claim professional 24 hours a day 365 days a year Unless Your Policy Requires Written Notice or Reporting COMMERCIAL INSURANCE A Custom Insurance Policy Prepared for PETCO THRIVE JV LLC 800 WEST CAESAR CHAVEZ ST. B100 AUSTIN TX 78701 | 2 |
IMPORTANT NOTICE TO NORTH CAROLINA POLICYHOLDERS CAUSES OF LOSS NOT COVERED The following warning applies to Commercial Property insurance provided under this policy in accordance with North Carolina law. WARNING THIS PROPERTY INSURANCE POLICY DOES NOT PROTECT YOU AGAINST LOSSES FROM EARTHQUAKE UNLESS A LIMIT OF INSURANCE APPLICABLE TO THIS COVERAGE IS SHOWN IN THE POLICY FLOOD MUDFLOW OR MUDSLIDE UNLESS A LIMIT OF INSURANCE APPLICABLE TO THIS COVERAGE IS SHOWN IN THE POLICY LANDSLIDE UNLESS A LIMIT OF INSURANCE APPLICABLE TO THIS COVERAGE IS SHOWN IN THE POLICY YOU SHOULD CONTACT YOUR INSURANCE COMPANY OR AGENT TO DISCUSS YOUR OPTIONS FOR OBTAINING COVERAGE FOR THESE LOSSES. THIS IS NOT A COMPLETE LISTING OF ALL OF THE CAUSES OF LOSSES NOT COVERED UNDER YOUR POLICY. YOU SHOULD READ YOUR ENTIRE POLICY TO UNDERSTAND WHAT IS COVERED AND WHAT IS NOT COVERED. PN T9 381212 Page 1 of 1 2012 The Travelers Indemnity Company. All rights reserved. | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 TRAVELERS CORP. TEL 1 800 328 2189 BUSINESS OWNERS A COMMON POLICY DECLARATIONS ISSUE DATE 102318 POLICY NUMBER P630 8J994632 PHX18 INSURING COMPANY POLICY NUMBER P630 8J994632 PHX18 INSURING COMPANY THE PHOENIX INSURANCE COMPANY 1. NAMED INSURED AND MAILING ADDRESS PETCO THRIVE JV LLC AS PER IL T8 00 800 WEST CAESAR CHAVEZ ST. B100 AUSTIN TX 78701 2. POLICY PERIOD From 100618 to 080819 1201 A.M. Standard Time at your mailing address. 3. LOCATIONS Premises Bldg. Loc. No. No. Occupancy Address SEE IL TO 03. COVERAGE PARTS FORMING PART OF THIS POLICY AND INSURING COMPANIES DELUXE PROPERTY COVERAGE PART DECLARATIONS DX TO 00 11 12 PHX COMMERCIAL GENERAL LIABILITY COV PART DECLARATIONS CG TO 01 11 03 PHX EMPLOYEE BENEFITS LIABILITY COV PART DECLARATIONS CG TO 09 09 93 PHX. NUMBERS OF FORMS AND ENDORSEMENTS FORMING A PART OF THIS POLICY SEE IL T8 01 10 93 SUPPLEMENTAL POLICIES Each of the following is a separate policy containing its complete provisions Policy Policy No. Insuring Company SEE CALCULATION OF PREMIUM COMPOSITE RATES ENDORSEMENT 7. PREMIUM SUMMARY Provisional Premium 15140 Due at Inception 1532 Due at Each 1 MONTH 1512 NAME AND ADDRESS OF AGENT OR BROKER LOCKTON COMPANIES LLC XG345 444 W 47TH ST STE 900 KANSAS CITY MO 64112 COUNTERSIGNED BY Authorized Representative DATE IL TO 02 11 89REV. 09 07 OFFICE KANSAS CITY PAGE 1 OF 2 | 2 |
TRAVELERS TAXES AND SURCHARGES POLICY NUMBER P630 8J994632 PHX18 EFFECTIVE DATE 100618 ISSUE DATE 102318 DESCRIPTION FLORIDA INSURANCE PREMIUM SURCHARGE FLA EMERGENCY MGMNT PREPAREDNESS ASST TRUST FUND SURCHARGE AMOUNT 1.00 4.00 IL TO 02 11 89 PAGE 2 OF 2 OFFICE KANSAS CITY 095 PRODUCER NAME LOCKTON COMPANIES LLC XG345 | 2 |
This policy consists of this policy cover the Declarations and the forms schedules and endorsements listed in the Declarations. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by this policy. That insurance will be provided by the company indicated as insuring company in the Declarations by the abbreviation of its name. One of the companies listed below each a stock company has executed this policy and the policy is counter signed by the officers listed below. The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ President Weady C IL TO 15 01 04 Rev. 09 18 | 2 |
P N TRAVELERS POLICY NUMBER P630 8J994632 PHX18 EFFECTIVE DATE 10 06 18 ISSUE DATE 10 23 18 LISTING OF FORMS ENDORSEMENTS AND SCHEDULE NUMBERS THIS LISTING SHOWS THE NUMBER OF FORMS SCHEDULES AND ENDORSEMENTS BY LINE OF BUSINESS. IL IL IL IL IL IL IL IL IL TO T8 TO T3 TO T3 T8 T8 T3 02 01 15 18 03 02 00 03 20 11 10 01 05 04 07 09 89 93 04 11 96 86 97 COMMON POLICY DECLARATIONS FORMS ENDORSEMENTS AND SCHEDULE NUMBERS POLICY JACKET EXECUTION CLAUSE COMMON POLICY CONDITIONS DELUXE LOCATION SCHEDULE CALCULATION OF PREMIUM COMPOSITE RATE S GENERAL PURPOSE ENDORSEMENT GENERAL PURPOSE ENDORSEMENT EARLIER NOT CANCEL NONRENEWAL PROV BY US DELUXE PROPERTY DX TO 00 11 12 DELUXE PROP COV PART DECLARATIONS DX 00 03 07 94 DELUXE PROP COV PART SCHED SPECIF LIMITS DX 00 04 11 12 TABLE OF CONTENTS DELUXE PROP COV PART DX T1 00 11 12 DELUXE PROPERTY COVERAGE FORM DX T1 01 11 12 DELUXE BI AND EE COVERAGE FORM DX T4 79 11 12 COVERED ANIMALS DX T3 01 11 12 CAUSES OF LOSS EARTHQUAKE DX T3 02 11 12 CAUSES OF LOSS BROAD FORM FLOOD DX T3 19 11 12 CAUSES OF LOSS EQUIPMENT BREAKDOWN DX T3 85 11 12 UTILITY SERVICES DIRECT DAMAGE DX T3 86 11 12 UTILITY SERVICES TIME ELEMENT DX T4 02 01 15 FEDERAL TERRORISM RISK INSURANCE ACT DIS DX 00 09 05 13 TEXAS CHANGES DX 01 18 02 14 NORTH CAROLINA CHANGES DX 01 25 03 16 FLORIDA CHANGES DX 01 71 11 13 TX CHANGES CANCEL AND NONRENEWAL DX T3 45 11 13 UTAH CHANGES DX T3 98 04 02 ELECTRONIC VANDALISM LIMITATION ENDT COMMERCIAL GENERAL LIABILITY cG cG cG cG cG cG TO TO TO TO 00 D2 01 07 08 34 01 55 71 37 03 46 13 11 09 11 11 10 11 01 04 12 08 04 03 87 03 03 01 03 15 05 97 05 08 COML GENERAL LIABILITY COV PART DEC DECLARATIONS PREMIUM SCHEDULE KEY TO DECLARATIONS PREMIUM SCHEDULE TABLE OF CONTENTS COMMERCIAL GENERAL LIABILITY COV FORM AMENDMENT OF COVERAGE POLLUTION AMEND COVERAGE B PERS ADV INJURY OTHER INSURANCE ADDITIONAL INSUREDS AMEND NON CUMULATION OF EACH OCC BLANKET ADDITIONAL INSURED CONTRACTORS AMENDMENT OF COVERAGE COOLING POLLUTION PAGE ILT8 011093 | 2 |
P N TRAVELERS POLICY NUMBER P630 8J994632 PHX18 EFFECTIVE DATE 10 06 18 ISSUE DATE 10 23 18 COMMERCIAL GENERAL LIABILITY CONTINUED cG cG cG cG cG cG cG cG cG cG cG cG cG cG cG cG D4 D2 D2 D2 D3 D3 D4 D6 D7 F2 F8 DO D2 D2 T4 01 67 43 56 90 26 56 21 18 46 68 80 76 04 42 78 03 07 01 11 11 10 05 07 10 01 05 05 06 06 01 02 06 13 02 03 03 11 14 08 11 15 05 15 93 01 02 90 06 XTEND ENDORSEMENT FOR SERVICE INDUSTRIES FUNGI OR BACTERIA EXCLUSION AMENDMENT OF COVERAGE EXCL PROFESSIONAL VETERINARIAN SERVICES EXCLUSION UNSOLICITED COMMUNICATION MOBILE EQUIP REDEFINED EXCL OF VEHICLES AMEND CONTRAC LIAB EXCL EXC TO NAMED INS EXCL VIOLATION OF CONSUMER FIN PROT LAWS EXCL ACCESS OR DISCL OF CONF PERS INFO TX CHANGES EMPL RELATED PRACTICES EXCL EXCLUSION DISCRIMINATION TEXAS EXCLUSION LEAD EXCL EXTERIOR INSULATION FINISH SYSTEM EXCLUSION WAR EXCLUSION ASBESTOS TEXAS CHANGES EMPLOYEE BENEFITS LIABILITY CG TO 09 09 93 EMPLOYEE BENEFITS LIAB COV PART DEC CG TO 43 01 16 EMPLOYEE BENEFITS LIAB TABLE OF CONTENTS CG T1 01 01 16 EMPLOYEE BENEFITS LIABILITY COV FORM INTERLINE ENDORSEMENTS IL IL IL IL IL IL IL IL IL IL IL IL IL IL IL IL T3 T4 T4 T4 Fl 00 01 01 FO FO T3 T9 T9 T9 T9 T9 68 05 12 14 00 21 25 68 19 32 05 06 56 63 69 84 01 03 03 01 06 09 11 03 03 09 07 09 04 08 09 10 15 11 15 15 13 08 13 12 98 11 15 87 93 92 07 94 FEDERAL TERRORISM RISK INS ACT DISCLOSE DESIGNATED ENTITY CANC PROVIDED BY US AMNDT COMMON POLICY COND PROHIBITED COVG CAP ON LOSSES CERTIFIED ACT OF TERRORISM CALIFORNIA CHANGES REPLACEMENT COST NUCLEAR ENERGY LIAB EXCL END BROAD FORM COLORADO CHANGES CIVIL UNION TEXAS CHANGES DUTIES TEXAS CHANGES CANC AND NON RENEWAL CALIFORNIA CHANGES ACTUAL CASH VALUE INSURER AMENDMENT ENDORSEMENT EFFECTIVE TIME CHANGES TX CHANGES NOTICE OF CLAIM OR SETTLEMENT NC STANDARD FIRE POLICY PROVISIONS CO CHANGES CONCEAL MISREP OR FRAUD FLORIDA CHANGES LEGAL ACTION AGAINST US PAGE ILT8 011093 | 2 |
COMMON POLICY CONDITIONS DELUXE All Coverage Parts included in this policy are subject to the following conditions. A. CANCELLATION 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation. 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium or b. 60 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named Insured s last mailing address known tous. 4. Notice of cancellation will state the effective date of cancellation. If the policy is cancelled that date will become the end of the policy period. If a Coverage Part is cancelled that date will become the end of the policy period as respects that Coverage Part only. Cancellation will not affect coverage on any shipment in transit on the date of the cancellation. Coverage will continue in full force until such property is delivered and accepted. 5. If this policy or any Coverage Part is cancelled we will send the first Named Insured any premium refund due. If we cancel the refund will be pro rata. If the first Named Insured cancels the refund may be less than pro rata. The cancellation will be effective even if we have not made or offered arefund. 6. If notice is mailed proof of mailing will be sufficient proof of notice. B. CHANGES This policy contains all the agreements between you and us concerning the insurance afforded. The first Named Insured shown in the Declarations is authorized to make changes in the terms of this policy with our consent. This policy s terms can be amended or waived only by endorsement issued by us and made a part of this policy. C. EXAMINATION OF YOUR BOOKS AND RECORDS We may examine and audit your books and records as they relate to this policy at any time during the policy period and up to three years afterward. D. INSPECTIONS AND SURVEYS 1. We have the right but not obligated to a. Make inspections and surveys at any time b. Give you reports on the conditions we find and c. Recommend changes. 2. We are not obligated to make any inspections surveys reports or recommendations and any such actions we do undertake related only to insurability and the premiums to be charged. We do not make safety inspections. We do not undertake to perform the duty of any person or organization to provide for the health or safety of workers or the public. And we do not warrant that conditions a. Are safe or healthful or b. Comply with laws regulations codes or standards. 3. Paragraphs 1. and 2. of this condition apply not only to us but also to any rating advisory rate service or similar organization which makes insurance inspections surveys reports or recommendations. 4. Paragraph 2. of this condition does not apply to any inspections surveys reports or recommendations we may make relative to certification under state or municipal statutes ordinances or regulations of boilers pressure vessels or elevators. E. PREMIUMS 1. The first Named Insured shown in the Declarations a. Is responsible for the payment of all premiums and b. Will be the payee for any return premiums we pay. ILT3 18 05 11 Rev. 09 18 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The premium shown in the Declarations was computed based on rates and rules in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. WHEN WE DO NOT RENEW If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. H. DELUXE PROPERTY COVERAGE PART REFERENCE TO FORMS AND ENDORSEMENTS 2. We compute all premiums for this policy in accordance with our rules rates rating plans premiums and minimum premiums. The premium shown in the Declarations was computed based on rates and rules in effect at the time the policy was issued. On each renewal continuation or anniversary of the effective date of this policy we will compute the premium in accordance with our rates and rules then in effect. F. TRANSFER OF YOUR RIGHTS AND DUTIES UNDER THIS POLICY Your rights and duties under this policy may not be transferred without our written consent except in the case of death of an individual named insured. If you die your rights and duties will be transferred to your legal representative but only while acting within the scope of duties as your legal representative. Until your legal representative is appointed anyone having proper temporary custody of your property will have your rights and duties but only with respect to that property. G. WHEN WE DO NOT RENEW If we decide not to renew this policy we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. H. DELUXE PROPERTY COVERAGE PART REFERENCE TO FORMS AND ENDORSEMENTS In some instances the Deluxe Property Declarations may list endorsements included in the Deluxe Property Coverage Part that reference 1. The Commercial Property Coverage Part 2. The Commercial Inland Marine Coverage Part 3. Commercial Property forms including but not limited to the following a. Building and Personal Property Coverage Form Business Income Coverage Form Commercial Property Conditions Causes of Loss Special Form e. Causes of Loss Earthquake Form. 4. Commercial Inland Marine Forms including but not limited to the Transportation Coverage Special Form Endorsements referencing the Commercial Property Coverage Part Commercial Inland Marine Coverage Part Commercial Property Forms or Commercial Inland Marine Forms apply to the Deluxe Property Coverage Forms in the same manner as they apply to the Forms they reference. INSURANCE UNDER TWO OR MORE COVERAGE PARTS If two or more of this policy s Coverage Parts apply to the same loss or damage we will not pay more than the actual amount of the loss or damage. ee s This policy consists of the Common Policy Declarations and the Coverage Parts and endorsements listed in that declarations form. In return for payment of the premium we agree with the Named Insured to provide the insurance afforded by a Coverage Part forming part of this policy. That insurance will be provided by the company indicated as insuring company in the Common Policy Declarations by the abbreviation of its name opposite that Coverage Part. One of the companies listed below each a stock company has executed this policy and this policy is countersigned by the officers listed below The Travelers Indemnity Company IND The Phoenix Insurance Company PHX The Charter Oak Fire Insurance Company COF Travelers Property Casualty Company of America TIL The Travelers Indemnity Company of Connecticut TCT The Travelers Indemnity Company of America TIA Travelers Casualty Insurance Company of America ACJ Lo C F Secretary Page 2 of 2 President Includes copyrighted material of Insurance Services Office Inc. with its permission. 1L T3 18 05 11 Rev. 09 18 | 2 |
LOCATION SCHEDULE POLICY NUMBER P630 8J994632 PHX18 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 10 06 18 to 08 08 19. Loc. Bldg. No. No. Address Occupancy 1 1 2410 BAY AREA BLVD VET CLINIC HOUSTON TX 77058 2 2 2110 S SHEPHERD DR VET CLINIC HOUSTON TX 77019 3 3 7067 FM 1960 RD E VET CLINIC HUMBLE TX 77346 4 4 9828 GREAT HILLS TRL VET CLINIC AUSTIN TX 78759 5 5 5601 BRODIE LN VET CLINIC SUNSET VALLEY TX 78745 6 6 1000 WEST VALLEY PARKWAY VET CLINIC ESCONDIDO CA 92025 7 7 30464 HAUN RD VET CLINIC MENIFEE CA 92584 8 8 27580 W. LUGONIA AVE VET CLINIC REDLANDS CA 92374 9 9 1265 SGT JON STILES DR VET CLINIC HIGHLANDS RANCH CO 80129 10 10 10245 N. FREEWAY VET CLINIC SUITE 150 HOUSTON TX 77037 11 11 3201 VINELAND RD VET CLINIC KISSIMMEE FL 34746 9999 12 12 1978 N. 2000 W. STE D VET CLINIC CLINTON UT 84015 13 13 2041 HIGHWAY 287 N. 60 VET CLINIC MANSFIELD TX 76063 Occupancy VET CLINIC VET CLINIC VET CLINIC VET CLINIC VET CLINIC VET CLINIC VET CLINIC VET CLINIC VET CLINIC nan nan nan nan 10.0 VET CLINIC nan nan nan nan 11.0 VET CLINIC nan nan nan nan 12.0 VET CLINIC nan nan nan nan 13.0 VET CLINIC IL TO 03 04 96 Page 1 | 2 |
LOCATION SCHEDULE POLICY NUMBER P630 8J994632 PHX18 This Schedule of Locations and Buildings applies to the Common Policy Declarations for the period 10 06 18 to 08 08 19. Loc. Bldg. No. No. Address Occupancy 14 14 10017 BIDDICK LANE VET CLINIC HUNTERSVILLE NC 28078 15 15 15816 CHAMPION FOREST DR VET CLINIC SPRING TX 77379 Occupancy VET CLINIC nan nan nan nan 15.0 VET CLINIC IL TO 03 04 96 Page 2 END | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE 10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALCULATION OF PREMIUM COMPOSITE RATES A. SCHEDULE 1. This endorsement modifies insurance provided under the following Coverage Parts COMMERCIAL GENERAL LIABILITY. This endorsement applies to the Declarations from 10 06 18 to 08 08 19 1201 AM. Standard Time at your mailing address shown in the Common Policy Declarations.. Definition of Premium Base Bases SEE SCHEDULE. Exceptions if any to compositing of premium calculation 5. Premium Schedule COVERAGE SEE SCHEDULE PREMIUM BASE ESTIMATED EXPOSURE SEE SCHEDULE ADVANCE PREMIUM RATE If no entry appears above information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement. B. PROVISIONS 1. Referring to the Schedule above the premium for the Coverage Parts shown in item 1 except with respect to any exceptions shown in item 4 shall be computed in accordance with the premium base bases and rate rates desig nated in item 5. 2. The premium for the excepted hazards shall be computed in accordance with the rates and rules filed by us or on our behalf. 3. The advance premium stated above is an es timated premium for the Declarations Period. Upon termination of this period the earned premium shall be computed in accordance with the policy and this endorsement. If the earned premium thus computed exceeds the estimated advance premium paid you shall pay the ex cess to us if less we shall return to you the unearned paid portion. Rates and premiums for any subsequent Declarations Periods shall be determined at the inception date of those respective periods and shall be specified in en dorsements to be added to the policy. After termination of each period the earned premium shall be computed in accordance with the policy and this endorsement. IL T3 02 07 86 Rev. 12 08 Page 1 of 1 | 2 |
POLICY NUMBER P630 8J994632 PHX18 GENERAL PURPOSE ENDORSEMENT ITEM 1 NAMED INSURED TO READ PETCO THRIVE JV LLC PP JV TX LLC NATIONAL AVC LLC PP JV CA LP PP JV CA GP LLC IL T8 00 Page | 2 |
POLICY NUMBER P630 8J994632 PHX18 GENERAL PURPOSE ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED ENTITY NOTICE OF CANCELLATION PROVIDED BY US IL T4 05 03 11 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING ALL COVERAGE PARTS INCLUDED IN THIS POLICY CONTINUATION OF FORM IL T4 05 PERSON OR ORGANIZATION ANY PERSON OR ORGANIZATION TO WHOM YOU HAVE AGREED IN A WRITTEN CONTRACT THAT NOTICE OF CANCELLATION OF THIS POLICY WILL BE GIVEN BUT ONLY IF 1. YOU SEND US A WRITTEN REQUEST TO PROVIDE SUCH NOTICE INCLUDING THE NAME AND ADDRESS OF SUCH PERSON OR ORGANIZATION AFTER THE FIRST NAMED INSURED RECEIVES NOTICE FROM US OF THE CANCELLATION OF THIS POLICY AND 2. WE RECEIVE SUCH WRITTEN REQUEST AT LEAST 14 DAYS BEFORE THE BEGINNING OF THE APPLICABLE NUMBER OF DAYS SHOWN IN THIS ENDORSEMENT. ADDRESS THE ADDRESS FOR THAT PERSON OR ORGANIZATION INCLUDED IN SUCH WRITTEN REQUEST FROM YOU TO US. IL T8 03 Page | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EARLIER NOTICE OF CANCELLATION NONRENEWAL PROVIDED BY US This endorsement modifies insurance provided under the following ALL COVERAGE PARTS INCLUDED IN THIS POLICY SCHEDULE Number of Days Notice 60 Number of days Notice 60 CANCELLATION WHEN WE DO NOT RENEW Nonrenewal PROVISIONS A. For any statutorily permitted reason other than nonpayment of premium the number of days re quired for notice of cancellation as provided in the CONDITIONS Section of this insurance or as amended by any applicable state cancellation endorsement applicable to this insurance is in creased to the number of days shown in the SCHEDULE above. B. For any statutorily permitted reason other than nonpayment of premium the number of days re quired for notice of When We Do Not Renew Nonrenewal as provided in the CONDITIONS Section of this insurance or as amended by any applicable state When We Do Not Renew Nonrenewal endorsement applicable to this in surance is increased to the number of days shown in the SCHEDULE above. IL T3 20 09 97 Copyright The Travelers Indemnity Company 1997 Page 1 of 1 | 2 |
DELUXE PROPERTY | 2 |
DELUXE PROPERTY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 INSURING COMPANY THE PHOENIX INSURANCE COMPANY EFFECTIVE DATE Same as policy unless otherwise specified DELUXE PROPERTY COVERAGE FORM COVERAGES AND LIMITS OF INSURANCE DESCRIBED PREMISES Insurance applies on a BLANKET basis only to a coverage or type of property for which a Limit of Insurance is shown below and then only at the premises locations for which a value for such coverage or property is shown on the Statement of Values dated 102017 or subsequently reported to and insured by us. For Insurance that applies to a specific premises location see Deluxe Property Coverage Part Schedule Specific Limits. Blanket Description of Coverage or Property Limits of Insurance 2700000 Your Business Personal Property 270C COINSURANCE PROVISION Coinsurance does not apply to the Blanket coverages as shown above. VALUATION PROVISION Replacement cost subject to limitations applies to most types of covered property See Valuation Loss Condition in DX T1 00. DELUXE PROPERTY COVERAGE PART SCHEDULE SPECIFIC LIMITS DESCRIBED PREMISES Insurance applies only to a premises location and building number and to a coverage or type of property for which a Specific Limit of Insurance is shown on schedule DX 00 03. COINSURANCE PROVISION Coinsurance does not apply to any Building Personal Property or Stock coverage for which a Specific Limit of Insurance applies as shown on schedule DX 00 03. DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 VALUATION PROVISION Replacement cost subject to limitations applies to most types of covered property See Valuation Loss Condition in DX T1 00. ADDITIONAL COVERED PROPERTY Personal Property at Undescribed Premises At any exhibition premises At any installation premises or temporary storage premises At any other not owned leased or regularly operated premises Sales Representative Property Personal Property in Transit w o v we Limits of Insurance 250000 250000 250000 50000 250000 DELUXE PROPERTY COVERAGE FORM ADDITIONAL COVERAGES COVERAGE EXTENSIONS The Limits of Insurance shown in the left column are included in the coverage form and apply unless a Revised Limit of Insurance or Not Covered is shown in the Revised Limits of Insurance column on the right. The Limits of Insurance apply in any one occurrence unless otherwise stated. Limits of Revised Limit Insurance of Insurance Revised Limits of Insurance Accounts Receivable At all described premises In transit or at all undescribed premises Appurtenant Buildings and Structures Claim Data Expense Covered Leasehold Interest Undamaged Improvements Betterments Lesser of Your Business Personal Property limit or Debris Removal additional amount Deferred Payments Duplicate Electronic Data Processing Data and Media Electronic Data Processing Data and Media At all described premises Employee Tools In any one occurrence Any one item w oo w00 w 50000 25000 100000 25000 100000 250000 25000 50000 Included 25000 2500 w DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 DELUXE PROPERTY COVERAGE FORM ADDITIONAL COVERAGES COVERAGE EXTENSIONS continued Limits of Revised Limits Insurance of Insurance Expediting Expenses 25000 Extra Expense 25000 Fine Arts At all described premises 50000 In transit 25000 Fire Department Service Charge Included Fire Protective Equipment Discharge Included Green Building Alternatives Increased Cost Percentage 1 Maximum amount each building 100000 Green Building Reengineering and Recertification Expense 25000 Limited Coverage for Fungus Wet Rot or Dry Rot Annual Aggregate 25000 Loss of Master Key 25000 Newly Constructed or Acquired Property Building each 2000000 Personal Property at each premises 1000000 Non Owned Detached Trailers 25000 Ordinance or Law Coverage 250000 Outdoor Property 25000 Any one tree shrub or plant 2500 Outside Signs At all described premises 100000 At all undescribed premises 5000 Personal Effects 25000 Personal Property At Premises Outside of the Coverage Territory 50000 Personal Property In Transit Outside of the Coverage Territory 25000 Pollutant Cleanup and Removal Annual Aggregate 100000 Preservation of Property Expenses to move and temporarily store property 250000 Direct loss or damage to moved property Included Reward Coverage 25 of covered loss up to maximum of 25000 Stored Water 25000 Theft Damage to Rented Property Included Undamaged Parts of Stock In Process 50000 Valuable Papers and Records Cost of Research At all described premises 50000 ERAGE 100000 25000 25000 25000 2000000 1000000 25000 250000 25000 2500 100000 5000 25000 50000 25000 100000 building g and Wet Rot or e ed Property ach premises plant ses mises DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 DELUXE PROPERTY COVERAGE FORM ADDITIONAL COVERAGES COVERAGE EXTENSIONS continued Limits of Revised Limits Insurance of Insurance In transit or at all undescribed premises 25000 Water or Other Substance Loss Tear Out and Replacement Expense Included Included means included in applicable Covered Property Limit of Insurance ERAGE DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM DESCRIBED PREMISES Premises Location No. Building No. 4 6 7 9 12 14 1 3 101115 Limits of Insurance 1000000 See Schedule DX 00 03 o. Rental Value Included Ordinary Payroll Included DELUXE BUSINESS INCOME ADDITIONAL COVERAGES AND COVERAGE EXTENSIONS The Limits of Insurance Coverage Period and Coverage Radius shown in the left column are included in the coverage form and apply unless a revised Limit of Insurance Coverage Period Coverage Radius or Not Covered is shown under the column on the right. The Limits of Insurance apply in any one occurrence unless otherwise stated. Limits of Revised Limits of Insurance Coverage Insurance Coverage Period or Coverage Period or Coverage Radius Radius Business Income From Dependent Property At Premises Within the Coverage Territory At Premises Outside of the Coverage Territory Civil Authority Coverage Period Coverage Radius Claim Data Expense Contract Penalties 100000 100000 30 days 100 miles 25000 25000 w DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 DELUXE BUSINESS INCOME ADDITIONAL COVERAGES AND COVERAGE EXTENSION continued Limits of Revised Limits of Insurance Coverage Insurance Coverage Period or Coverage Period or Coverage Radius Radius ERAGE Extended Business Income Coverage Period Fungus Wet Rot or Dry Rot Amended Period of Restoration Coverage Period Green Building Alternatives Increased Period of Restoration Coverage Period Ingress or Egress Coverage Radius Newly Acquired Locations Ordinance or Law Increased Period of Restoration Pollutant Cleanup and Removal Annual Aggregate Transit Business Income Undescribed Premises 180 days 30 days 30 days 25000 1 mile 500000 250000 25000 25000 25000 v o waooa CAUSES OF LOSS EARTHQUAKE aggregate in any one policy year for all losses covered under the Causes of Loss Earthquake endorsement commencing with the inception date of this policy Annual Aggregate Limit 1. Applies at the following Buildings numbered 001 005009010012 015 2500000 2. Applies at the following Buildings numbered 006 008 1000000 If more than one Annual Aggregate Limit applies in any one occurrence the most we will pay is the highest involved Annual Aggregate Limit. The most we will pay during each annual period is the highest of the Annual Aggregate Limits shown. 2500000 DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 CAUSES OF LOSS BROAD FORM FLOOD aggregate in any one policy year for all losses covered under the Causes of Loss Broad Form Flood endorsement commencing with the inception date of this policy Annual Aggregate Limit ERAGE 1. Applies at the following Buildings numbered 004 009012 014 2500000 2. Applies at the following Buildings numbered 001 003010011015 1000000 If more than one Annual Aggregate Limit applies in any one occurrence the most we will pay is the highest involved Annual Aggregate Limit. The most we will pay during each annual period is the highest of the Annual Aggregate Limits shown. EXCESS OF LOSS LIMITATION DOES NOT APPLY. 2500000 UTILITY SERVICES Limits of Insurance Combined Direct Damage and Time Element in any one occurrence See Utility Services Direct Damage and Utility Services Time Element endorsements Coverage is provided for the following Water Supply Communication Supply Power Supply Coverage for Overhead Transmission Lines is Provided subject to Limit of Insurance of 50000 in any one occurrence. 25 250000 DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 DEDUCTIBLES BY EARTHQUAKE 1. In any one occurrence at the following Buildings numbered 001 005 009010 012 015 50000 As respects Business Income Coverage a 72 hour deductible applies at all premises locations.. At each of the following Buildings numbered 006 008 subject to the following minimum in any one occurrence 5 250000 As respects Business Income Coverage a 72 hour deductible applies at all premises locations. BY FLOOD 1. At the premises locations of the following Buildings numbered 004 009012 014 in any one occurrence 50000 As respects Business Income Coverage a 72 hour deductible applies at all premises locations.. At the premises locations of the following Buildings numbered 001 003010011015 in any one occurrence 300000 As respects Business Income Coverage a 72 hour deductible applies at all premises locations. DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
N TRAVELERS.I One Tower Square Hartford Connecticut 06183 DELUXE PROPERTY COVERAGE POLICY NUMBER P630 8J994632 PHX18 PART DECLARATIONS ISSUE DATE 10 23 18 DEDUCTIBLES continued TO UTILITY SERVICES Direct Damage in any one occurrence 5000 Time Element in any one occurrence 72 Hours 5000 72 Hours BUSINESS INCOME As respects Business Income Coverage for which no other deductible is stated above or in the coverage description a 72 hour deductible applies. 5000 ANY OTHER COVERED LOSS in any one occurrence DX T0O00 1112 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE 10 23 18 DELUXE PROPERTY COVERAGE PART SCHEDULE SPECIFIC LIMITS Description of Coverage or Property Your Business Personal Property Business Income Your Business Personal Property Business Income Your Business Personal Property Business Income Your Business Personal Property Business Income Your Business Personal Property Business Income Your Business Personal Property Business Income B R R R R R R R R R Limits of Insurance 300000 300000 300000 300000 300000 300000 300000 300000 300000 300000 28000 125000 DX 00 03 07 94 PRODUCER LOCKTON COMPANIES LLC XG345 OFFICE KANSAS CITY | 2 |
TABLE OF CONTENTS DELUXE PROPERTY COVERAGE PART The following indicates the contents of the principal Forms which may be attached to your policy. It contains no reference to the Declarations or Endorsements which also may be attached. Begins on DELUXE PROPERTY COVERAGE FORM Page A. Coverage 1 B. Covered Causes of Loss 18 C. Exclusions 18 D. Limitations 26 E. Limits of Insurance 27 F. Deductible 28 G. Loss Conditions 28 H. Additional Conditions 34 I. Optional Coverages 35 J. Definitions 36 DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM A. Coverage 1 B. Exclusions and Limitation 8 C. Limits of Insurance 9 D. Deductible 9 E. Loss Conditions 10 F. Optional Coverages 11 G. Definitions 12 DELUXE BUSINESS INCOME WITHOUT EXTRA EXPENSE COVERAGE FORM A. Coverage 1 B. Exclusions and Limitation 7 C. Limits of Insurance 8 D. Deductible 8 E. Loss Conditions 9 F. Optional Coverages 10 G. Definitions 10 DELUXE EXTRA EXPENSE COVERAGE FORM A. Coverage 1 B. Exclusions 6 C. Limits of Insurance 6 D. Loss Conditions 6 E. Optional Coverages 7 F. Definitions 8 o2 N Page 1 of 1 DX 0004 11 12 2011 The Travelers Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission | 2 |
DELUXE PROPERTY COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. REFER TO SECTION J. DEFI NITIONS. A. COVERAGE We will pay for direct physical loss of or damage to Covered Property caused by or resulting from a Covered Cause of Loss. Covered Property Covered Property as used in this Coverage Part means each of the following types of property described in this Section A.1. and limited in Section A.2. Property and Costs Not Covered if a Limit of Insurance is shown in the Declarations for that type of property. 1. a. Buildings meaning the designated building or structure at the premises de scribed in the Declarations including 1 Completed additions 2 Fixtures including outdoor fixtures 3 Foundations 4 Glass that is a part of the building or structure 5 Machinery and equipment perma nently attached to the building or structure Personal property owned by you that is used to maintain or service the building or structure or its premises including a Fire extinguishing equipment b Outdoor furniture c Floor coverings d Lobby and hallway furnishings owned by you e Appliances used for refrigerating ventilating cooking dishwashing or laundering f Lawn maintenance and snow re moval equipment g Heating air conditioning and ven tilation equipment and 6 h Building systems and equipment including alarm communication security and monitoring devices and 7 If not covered by other insurance a Additions under construction al terations and repairs to the build ing or structure and Materials equipment supplies and temporary structures on or within 1000 feet of the described premises used for making addi tions alterations or repairs to the buildings or structures. b b. Your Business Personal Property lo cated in or on the designated building or structure at the premises described in the Declarations or in the open or in a vehi cle within 1000 feet of the described premises consisting of the following unless otherwise specified in the Declara tions 1 Furniture and fixtures 2 Machinery and equipment including electronic data processing equip ment 3 Stock 4 All other personal property owned by you and used in your business Labor materials or services furnished or arranged by you on personal prop erty of others Your use interest as tenant in im provements and betterments. Im provements and betterments are fix tures alterations installations or ad ditions a Made a part of the building or structure you occupy or lease but do not own and G 6 DX T100 1112 Page 1 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b You acquired or made at your expense but can not legally re move 7 Leased personal property for which you have a contractual responsibility to insure unless otherwise insured under Personal Property of Others and Building glass that is not a tenant im provement and betterment but which as a tenant you are contractually re quired to insure under a written lease agreement. Personal Property of Others meaning others personal property in your care custody or control that is located in or on the designated building or structure at the premises described in the Declarations or in the open or in a vehicle within 1000 feet of the described premises. However our payment for loss of or damage to Personal Property of Others will only be for the account of the owner of the property. Personal Property At Undescribed Premises meaning Your Business Per sonal Property and Personal Property of Others in your care custody or control that 1 Is at exhibition premises located worldwide including while in transit to and from the exhibition premises provided that no trade sanction em bargo or similar regulation imposed by the United States of America pro hibits us from covering the loss or damage Is at installation premises or tempo rary storage premises while awaiting installation that you do not own lease or regularly operate. This coverage applies only to such property that will or has become a permanent part of an installation project being per formed for others by you or on your behalf. This coverage will end when any of the following first occurs a Your interest in the property ceases b The installation is accepted by the customer 8 2 c The installation is abandoned by you d The property is more specifically insured or e This policy is cancelled or ex pires whichever occurs first or 3 Is temporarily at any other premises not described in the Declarations which you do not own lease or regu larly operate. Coverage does not include Sales Repre sentative Property as defined in Para graph A.1.f. below. Personal Property in Transit as follows 1 This coverage for Personal Property in Transit applies to a Your Business Personal Prop erty and b Personal Property of Others away from the described premises while in transit between points within the Coverage Territory. 2 Unless a mode of transportation or type of shipment is specifically ex cluded in the Declarations or by en dorsement this coverage applies to property in transit being shipped by any type of carrier or vehicle. This coverage applies from the time the property leaves the premises where the shipment begins until the shipment arrives at its final destina tion. If the property is not delivered we cover the return of the property to you including while the property is temporarily held by the receiver or the carrier while awaiting return shipment to you. Subject to the Limit of Insurance that applies to the Personal Property in Transit coverage we will also pay for a Any general average or salvage charges you incur as respects losses to covered waterborne shipments Your interest in covered ship ments sold Free On Board if you can not collect payment for the loss or damage from the con signee and 3 4 b Page 2 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
c Loss of or damage to Covered Property resulting from the unin tentional acceptance of any fraudulent Bill of Lading order or shipping receipt by you your em ployees or authorized representa tives or by your agent customer or consignee from anyone repre senting themselves to be the proper person to receive goods for shipment or accept goods for delivery. 5 This coverage does not apply to a Accounts receivable b Employee tools c Fine arts d Sales representative property e Personal property in transit to or from an exhibition site or f Valuable papers and records. f. Sales Representative Property meaning goods or merchandise which are Your Business Personal Property and Personal Property of Others in the custody of inde pendent contractors whom you authorize to sell such goods or merchandise. This coverage applies worldwide while the property is 1 At any premises away from the de scribed premises or 2 In transit provided that no trade sanction embargo or similar regulation imposed by the United States of America prohibits us from covering the loss or damage. 2. Property and Costs Not Covered Unless the following property is added by en dorsement to this Coverage Form Covered Property does not include a. Accounts bills currency food stamps or other evidences of debt money notes checks drafts or securities except as provided in the Accounts Receivable Coverage Extension. Lottery tickets held for sale are not securities b. Aircraft or watercraft c. Animals oss of or damage to Covered roperty resulting from the unin entional acceptance of any audulent Bill of Lading order or hipping receipt by you your em loyees or authorized representa ves or by your agent customer r consignee from anyone repre enting themselves to be the roper person to receive goods or shipment or accept goods for elivery. coverage does not apply to ccounts receivable Employee tools Fine arts ales representative property ersonal property in transit to or om an exhibition site or Valuable papers and records. presentative Property meaning merchandise which are Your Personal Property and Personal of Others in the custody of inde contractors whom you authorize ich goods or merchandise. This applies worldwide while the s 1y premises away from the de ed premises or nsit that no trade sanction embargo r regulation imposed by the tates of America prohibits us ering the loss or damage. 1 Costs Not Covered llowing property is added by en this Coverage Form Covered s not include bills currency food stamps or dences of debt money notes drafts or securities except as in the Accounts Receivable Extension. Lottery tickets held re not securities r watercraft Automobiles motorcycles motor trucks motor homes and similar vehicles held for sale lease loan or rent Bulkheads pilings piers wharves docks dikes or dams Contraband or property in the course of il legal transportation or trade Electronic data processing data and me dia that is obsolete or no longer used by you Employee tools except as provided in the Employee Tools Coverage Extension Export and import shipments while cov ered under an ocean marine cargo or other insurance policy Fine arts except as provided in the Personal Effects and Fine Arts Coverage Extensions Harvested grain hay straw or other crops while outside of buildings growing crops or standing timber Human body parts and fluids including organs tissue blood and cells. Land whether in its natural state or oth erwise including land on which the prop erty is located land improvements or the cost of restoring or stabilizing land Personal property sold by you under an installment plan conditional sale trust agreement or other deferred payment plan after delivery to the purchasers ex cept as provided in the Deferred Pay ments Coverage Extension Property of others for which you are re sponsible while acting as a common or contract carrier car loader freight for warder freight consolidator freight bro ker shipping association or similar ar ranger of transportation or as a public warehouseman Property that is covered under another coverage form or endorsement of this or any other policy in which it is more spe cifically described except for the excess of the amount due whether you can col lect on it or not from that other insurance Property while waterborne except while in transit by inland water carriers or by coastwise vessels operating within terri torial waters 2011 The Travelers Indemnity Company. All rights reserved. Page 3 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T100 1112 Page 3 of 38 | 2 |
40f 38 Shipments by a government postal ser vice except by registered mail The cost of excavations grading backfill ing or filling. This does not apply to costs necessarily incurred to repair or replace covered loss or damage to Covered Property but any costs associated with land stabilization and land reconstruction are excluded The cost to research replace or restore the information on valuable papers and records and electronic data processing data and media except as provided in the Valuable Papers and Records Cost of Research and Electronic Data Proc essing Data and Media Coverage Exten sions The following property while outside of buildings 1 Bridges roadways walks patios or other paved surfaces 2 Attificial turf and associated under layment 3 Retaining walls that are not part of a building 4 Fences 5 Trees shrubs plants or lawns in cluding fairways greens and tees but not including vegetative roofs on Covered Buildings nor stock of trees shrubs or plants except as provided in the Outdoor Prop erty Coverage Extension. The following underground property 1 Wires 2 Pipes flues and drains 3 Tanks including their contents 4 Tunnels whether or not connected to buildings 5 Mines or mining property. Vehicles or self propelled machines that 1 Are licensed for use on public roads or 2 Are operated principally away from the described premises But this does not apply to a Vehicles self propelled machines or autos you manufacture proc ess or warehouse b Vehicles or self propelled ma chines you hold for sale lease loan or rent other than those ex cluded under A.2.d. above or c Trailers and Semi trailers to the extent covered under the Non Owned Detached Trailers Cover age Extension x. Water whether in its natural state or oth erwise and whether above or below ground or the cost of reclaiming or restor ing water. But this does not apply to 1 Water contained in storage tanks used in your manufacturing or proc essing operations as specifically in sured under the Stored Water Addi tional Coverage or 2 Bottled water. 3. Additional Coverages Each of the following Additional Coverages applies subject to the Limits of Insurance stated in this Coverage Form unless a revised Limit of Insurance or Not Covered is indicated in the Declarations or the coverage is other wise amended by endorsement a. Debris Removal 1 We will pay your expense to remove debris of Covered Property and other debris that is on the described prem ises when such debris is caused by or results from a Covered Cause of Loss that occurs during the policy pe riod. The expenses will be paid only if they are reported to us in writing within 180 days of the date of direct physical loss or damage. This Additional Coverage does not apply to costs to a Remove debris of property you own that is not insured under this policy or property of others in your care custody or control that is not Covered Property b Remove debris of property owned by or leased to the land lord of the building where your described premises are located unless you have a contractual re sponsibility to insure such prop erty and it is insured under this policy 2011 The Travelers Indemnity Company. All rights reserved. DX T100 1112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 4 of 38 DX T100 1112 | 2 |
2 3 4 c Remove debris of any outdoor property of a type described in the Outdoor Property Coverage Extension whether the property is your property or the property of others Remove any property that is in cluded under Section A.2. Prop erty and Costs Not Covered Remove property of others of a type that is not Covered Property under this Coverage Form f Extract pollutants from land or water or g Remove restore or replace pol luted land or water. The most we will pay under this Addi tional Coverage for your expense to remove the debris of Covered Prop erty is 25 of a The amount we pay for the direct physical loss of or damage to Covered Property plus b The deductible in this Coverage Part applicable to that loss or damage. Except as provided in Paragraph 3 below this payment for your expense to remove the debris of Covered Property is included within the appli cable Covered Property Limit of In surance. If a Your expense to remove debris of Covered Property exceeds the above 25 limitation or b The sum of the amount we pay for loss of or damage to Covered Property and the expense for re moval of its debris exceeds the applicable Limit of Insurance we will pay an additional amount for your expense to remove the debris of Covered Property up to 250000 in any one occurrence. The most we will pay in any one oc currence under this Additional Cover age for your expense to remove the debris of any property that is not Covered Property if such removal is covered under this Additional Cover d e age is 25000. This is additional in surance. b. Expediting Expenses In the event of covered loss or damage to Covered Property we will pay for the rea sonable and necessary additional ex penses you incur to make temporary re pairs to or expedite the permanent re pairs or replacement of the Covered Property at the premises sustaining loss or damage. Expediting expenses include overtime wages and the extra cost of ex press or other rapid means of transporta tion. Expediting expenses do not include expenses you incur for the temporary rental of property or temporary replace ment of damaged property. The most we will pay in any one occur rence under this Additional Coverage is 25000. c. Fire Department Service Charge When the fire department is called to save or protect Covered Property from a Covered Cause of Loss we will pay for your liability for fire department service charges 1 Assumed by contract or agreement prior to loss or 2 Required by local ordinance. No deductible applies to this Additional Coverage. d. Fire Protective Equipment Discharge If fire protective equipment at the de scribed premises discharges accidentally or to control a Covered Cause of Loss we will pay your cost to 1 Refill or recharge the system with the extinguishing agents that were dis charged and 2 Replace or repair faulty valves or controls which caused the discharge. e. Green Building Alternatives In creased Cost 1 If direct physical loss or damage by a Covered Cause of Loss occurs to a building that is Covered Property we will pay for a The reasonable additional cost you incur to repair or replace the lost or damaged portions of the DX T100 1112 Page 5 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 3 4 building using products or mate rials that i Are green alternatives to the products or materials of the lost or damaged property in accordance with a docu mented green authority and ii Are otherwise of comparable quality and function to the damaged property and b The reasonable additional cost you incur to employ green methods or processes of con struction disposal or recycling in the course of the repair and re placement of the lost or damaged building in accordance with the documented standards of a green authority. The insurance provided under this Additional Coverage applies only if replacement cost valuation applies to the lost or damaged building and then only if the building is actually repaired or replaced as soon as reasonably possible after the loss or damage. The insurance provided under this Additional Coverage does not apply to any building that has been vacant for more than 60 consecutive days before the loss or damage occurs. The most we will pay for the addi tional cost incurred with respect to each building in any one occurrence under this Additional Coverage is de termined by multiplying a A factor of 1 unless a higher increased cost percentage is shown in the Declarations times b The lesser of i The amount we would other wise pay for direct physical loss of or damage to the building prior to application of any applicable deductible or ii The value you reported to us for the building as stated on the latest Statement of Val ues or other documentation on file with us prior to the loss or damage. Unless otherwise stated in the Decla rations this resultant amount is sub ject to a maximum amount of insur ance of 100000 for each building. f. Green Building Reengineering and Re certification Expense 1 If as aresult of direct physical loss or damage by a Covered Cause of Loss to a building that is Covered Property the pre loss level of green building certification by a Green Authority on the building is lost we will pay for the following reasonable additional ex penses you incur to re attain the pre loss level of green building certifica tion from that Green Authority a The reasonable additional ex pense you incur to hire a qualified engineer or other professional required by the Green Authority to be involved in i Designing overseeing or documenting the repair or re placement of the lost or dam aged building or i Testing and recalibrating the systems and mechanicals of the lost or damaged building to verify that the systems and mechanicals are performing in accordance with the design of such systems and me chanicals or the specifica tions of the manufacturer and b The reasonable registration and recertification fees charged by the Green Authority. 2 This Additional Coverage applies to the additional expenses described above that you incur to achieve the pre loss level of green building certi fication in accordance with the stan dards of the Green Authority that exist at the time of repair or replace ment even if the standards have changed since the original certifica tion was achieved. Page 6 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 The most we will pay in any one oc currence under this Additional Cover age for a All expenses incurred with re spect to each building is 5 of the sum of i The amount we pay for the direct physical loss of or damage to the building in cluding any amount paid un der the Green Building Alter natives Increased Cost Ad ditional Coverage and ii The deductible amount ap plied to the loss payment for direct physical loss or dam age to the building b All expenses incurred regardless of the number of buildings in volved is 25000. g. Limited Coverage for Fungus Wet Rot or Dry Rot 1 The coverage provided in Paragraph 2 2 below only applies when fungus wet rot or dry rot is the result of any of the specified causes of loss other than fire or lightning that oc curs during the policy period and only if all reasonable means have been used to save and preserve the property from further damage at the time of and after the occurrence of such specified causes of loss. We will pay for direct physical loss of or damage to Covered Property caused by fungus wet rot or dry rot including a The cost of removal of the fun gus wet rot or dry rot b The cost to tear out and replace any part of the building or other property as needed to gain ac cess to the fungus wet rot or dry rot and The cost of testing performed af ter removal repair replacement or restoration of the damaged property is completed provided there is a reason to believe that fungus wet rot or dry rot are present. c 3 The most we will pay for the total of all loss or damage under this Addi tional Coverage arising out of all oc currences of specified causes of loss other than fire or lightning oc curring during each separate 12 month period of this policy beginning with the effective date of this policy is 25000. 4 The coverage provided under this Additional Coverage does not in crease the applicable Limit of Insur ance on any Covered Property. If a particular occurrence results in loss or damage by fungus wet rot or dry rot and other loss or damage we will not pay more for the total of all loss or damage than the applicable Limit of Insurance on the Covered Property. If there is covered loss or damage to Covered Property that is not caused by fungus wet rot or dry rot loss payment will not be limited by the terms of this Additional Coverage except to the extent that fungus wet rot or dry rot causes an increase in the loss. Any such increase in the loss will be subject to the terms of this Additional Coverage. h. Ordinance or Law Coverage 1 In the event of covered direct physi cal loss or damage to a building that is Covered Property the following coverages apply but only with re spect to that lost or damaged build ing a Coverage A Coverage For Loss To The Undamaged Por tion of The Building We will pay under Coverage A for the loss in value of the undam aged portion of the building as a consequence of enforcement of an ordinance or law that requires demolition of undamaged parts of the same building. b Coverage B Demolition Cost Coverage We will pay under Coverage B the cost to demolish the building and clear the site of undamaged parts of the same building as a consequence of enforcement of y. All rights reserved. Page 7 of 38 Office Inc. with its permission. DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b The building either i Sustains direct physical loss or damage that is covered under this Coverage Part and such damage results in en forcement of the ordinance or law or i Sustains both direct physical loss or damage that is cov ered under this Coverage Part and direct physical loss or damage that is not cov ered under this Coverage Part and the building damage in its entirety results in en forcement of the ordinance or law. If the building sustains direct physical loss or damage that is not covered under this Coverage Part and such damage is the subject of the ordinance or law then there is no coverage under this Additional Coverage even if the building has also sustained covered direct physical loss or damage. c In the situation described in b ii above we will not pay the full amount of loss otherwise payable under the terms of Coverage A B or C of this Additional Cover age. Instead we will pay a pro portion of such loss. The propor tion of such loss that we will pay is the proportion that the covered direct physical loss or damage bears to the total direct physical loss or damage. However if covered direct physi cal loss or damage alone would have resulted in the enforcement of the ordinance or law then we will pay the full amount of loss otherwise payable under the terms of Coverage A B or C of this Additional Coverage. 3 We will not pay under this Additional Coverage for a Enforcement of any ordinance or law which requires the demoli tion repair replacement recon struction remodeling or remedia an ordinance or law that requires demolition of such undamaged property. Coverage C Increased Cost of Construction We will pay under Coverage C the increased cost to i Repair or reconstruct dam aged portions of that building or ii Reconstruct or remodel un damaged portions of that building whether or not demolition is required when the increased cost is a consequence of enforcement of the minimum requirements of the ordinance or law. This Coverage C applies only if the restored or remodeled prop erty is intended for similar occu pancy as the current property unless such occupancy is not permitted by zoning or land use ordinance. This Coverage C does not apply if the building is not re paired reconstructed or remod eled. c 2 The coverages described in 1 above apply only if the provisions in Paragraphs a and b below are sat isfied and are then subject to the qualifications set forth in Paragraph c below a The ordinance or law i Regulates the demolition construction or repair of buildings or establishes zon ing or land use requirements at the described premises and i Is in force at the time of loss. But this Additional Coverage ap plies only in response to the minimum requirements of the or dinance or law. Losses and costs incurred in complying with rec ommended actions or standards that exceed actual requirements are not covered. Page 8 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 5 tion of property due to contamina tion by pollutants or due to the presence growth proliferation spread or any activity of fungus wet rot or dry rot The costs associated with the en forcement of any ordinance or law which requires any insured or others to test for monitor clean up remove contain treat detox ify or neutralize or in any way re spond to or assess the effects of pollutants fungus wet rot or dry rot or c Loss due to any ordinance or law that i You were required by the or dinance or law to comply with before the loss even if the building was undamaged and ii You failed to comply with. Exclusion C.1.h. Ordinance or Law does not apply to the insurance spe cifically provided under this Additional Coverage. The most we will pay under this Addi tional Coverage for loss with respect to all buildings lost or damaged in any one occurrence regardless of the number of buildings involved is 250000. b i. Pollutant Cleanup and Removal We will pay your expense to extract pol lutants from land or water at the de scribed premises if the discharge dis persal seepage migration release or escape of the pollutants is caused by or results from any of the specified causes of loss which occurs 1 2 3 The On the described premises To Covered Property and During the policy period. expenses will be paid only if they are reported to us within 180 days of the date on which the covered specified cause of loss occurs. This Additional Coverage does not apply to c osts to test for monitor or assess the existence concentration or effects of pol DX T100 1112 lutants. But we will pay for testing which is performed in the course of ex tracting the pollutants from the land or water. The most we will pay under this Addi tional Coverage is 100000 for the sum of all covered expenses arising out of all specified causes of loss occurring dur ing each separate 12 month period of this policy beginning with the effective date of the policy. Preservation of Property If it is necessary to temporarily move Covered Property from the described premises to preserve it from the threat of imminent loss or damage by a Covered Cause of Loss 1 We will pay for the reasonable and necessary expenses actually incurred by you to remove the Covered Prop erty from the described premises temporarily store the Covered Prop erty at another location and move the Covered Property back to the de scribed premises within a reasonable time after the threat of imminent loss or damage to the property by the Covered Cause of Loss passes. The most we will pay for the sum of all such expenses that you incur due to the threat of loss or damage from any one occurrence is 250000 subject to the following a This Limit of Insurance is an addi tional amount of insurance that is not included in and does not re duce the Covered Property Lim its of Insurance. b When the Causes of Loss Earthquake endorsement or Causes of Loss Earthquake Sprinkler Leakage endorsement is included in this Coverage Part our payment for the sum of all expenses incurred due to the threat of loss or damage to Cov ered Property from all threatened occurrences of all such Covered Causes of Loss in any one policy year will not exceed 250000. This limit is not included in and does not reduce the Limits of In surance that apply to loss or damage to which the Causes of Loss Earthquake endorsement 2011 The Travelers Indemnity Company. All rights reserved. Page 9 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 or the Causes of Loss Earth quake Sprinkler Leakage en dorsement applies. When the Causes of Loss Broad Form Flood endorsement is included in this Coverage Part our payment for the sum of all expenses incurred due to the threat of loss or damage to Cov ered Property from all threatened occurrences of such Covered Cause of Loss in any one policy year will not exceed 250000. This limit is not included in and does not reduce the Limits of In surance that apply to loss or damage to which the Causes of Loss Broad Form Flood en dorsement applies. d If the threat of imminent direct physical loss or damage to Cov ered Property from the same oc currence spans over multiple pol icy years only the limit that ap plies to this Coverage in the pol icy year in which the expenses are first incurred by you will apply to the total of the expenses in curred due to the threat of loss or damage from that occurrence. This Coverage is subject to the de ductible that applies to loss or dam age to the Covered Property by the Covered Cause of Loss from which the property is being preserved. We will also pay for any direct physi cal loss of or damage to the Covered Property while it is being moved from the described premises while tempo rarily stored at another location or while being moved back to the de scribed premises subject to the fol lowing a This Coverage is subject to and does not increase the applicable Covered Property Limit of Insur ance. This Coverage will only apply if the loss or damage occurs within 180 days after the Covered Property is first moved and will end when any of the following first occurs c b i The policy is amended to provide insurance at the new location ii The Covered Property is re turned to the original location or iii This policy expires. k. Reward Coverage We will reimburse you for rewards you have incurred leading to 1 The successful return of undamaged stolen articles of Covered Property to a law enforcement agency or 2 The arrest and conviction of any per sons who have damaged or stolen any of your Covered Property. The most we will pay in any one occur rence under this Additional Coverage is 25 of the covered loss prior to the ap plication of any applicable deductible and recovery of undamaged stolen articles up to a maximum of 25000 for the pay ments of rewards you make. These re ward payments must be documented. No deductible applies to this Additional Cov erage. I. Stored Water 1 We will pay the cost you incur to re place water that is used in your manufacturing or processing opera tions which is contained in any a Above ground storage tank or b Manufacturing or processing equipment including related pip ing at the described premises when the water has been released or rendered unusable for its intended purpose due to direct physical loss of or damage to such tank equipment or piping by a Covered Cause of Loss. This Additional Coverage does not apply to costs to restore or replace water contained in any fire suppres sion system. 3 The most we will pay in any one oc currence under this Additional Cover age is 25000. 2 Page 10 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
m. Water or Other Substance Loss Tear Out and Replacement Expense In the event of covered loss or damage caused by or resulting from water or steam other liquid powder or molten material we will also pay 1 The necessary cost of tearing out and replacing any part of a Covered Building or Structure to repair dam age to the system or appliance from which the water or steam other lig uid powder or molten material es capes and The cost to repair or replace dam aged parts of fire extinguishing equipment if a The damage results in discharge of any substance from an auto matic fire protective system or b Is directly caused by freezing. Except as provided under 2 above we will not pay the cost to repair any defect in a system or appliance from which the water or steam other liquid powder or molten material escapes. Coverage Extensions Each of the following Coverage Extensions applies subject to the Limits of Insurance stated in this Coverage Form unless a re vised Limit of Insurance or Not Covered is in dicated in the Declarations or the coverage is otherwise amended by endorsement a. Accounts Receivable 1 You may extend the insurance that applies to Your Business Personal Property to apply to losses and ex penses described below that you in cur resulting from direct physical loss or damage by a Covered Cause of Loss to your accounts receivable re cords. Credit card company charge media will be considered accounts receivable until delivered to the credit card company. We will pay a Amounts due from your custom ers that you are unable to collect b Interest charges on any loan re quired to offset amounts you are unable to collect pending our payment of these amounts 2 Other Substance Loss Tear Replacement Expense ent of covered loss or damage oy or resulting from water or other liquid powder or molten we will also pay 1ecessary cost of tearing out and cing any part of a Covered ing or Structure to repair dam o the system or appliance from 1 the water or steam other lig powder or molten material es s and cost to repair or replace dam parts of fire extinguishing ment if he damage results in discharge f any substance from an auto atic fire protective system or s directly caused by freezing. s provided under 2 above we ay the cost to repair any defect em or appliance from which the steam other liquid powder or aterial escapes. tensions following Coverage Extensions ct to the Limits of Insurance 5 Coverage Form unless a re f Insurance or Not Covered is in Declarations or the coverage is ended by endorsement s Receivable may extend the insurance that es to Your Business Personal erty to apply to losses and ex es described below that you in esulting from direct physical loss amage by a Covered Cause of to your accounts receivable re. Credit card company charge a will be considered accounts vable until delivered to the credit company. vill pay mounts due from your custom rs that you are unable to collect 1terest charges on any loan re uired to offset amounts you are nable to collect pending our ayment of these amounts 2011 The Travelers Indemnity Company. All rights reserved. 2 c Collection expenses in excess of your normal collection expenses that are made necessary by the loss and d Other reasonable expenses that you incur to re establish your re cords of accounts receivable. If you can not accurately establish the amount of accounts receivable out standing as of the time of loss we a Determine the total of the aver age monthly amounts of accounts receivable for the 12 months im mediately preceding the month in which the loss occurs b Adjust the total for any normal fluctuations in the amount of ac counts receivable for the month in which the loss occurred or for any demonstrated variance from the average for that month and c Deduct the following from the to tal amount of accounts receiv able however that amount is es tablished i The amount of the accounts for which there is no loss ii The amount of the accounts that you are able to re establish or collect An amount to allow for prob able bad debts that you are normally unable to collect and iv Al unearned interest and service charges. 3 The most we will pay in any one oc currence under this Extension for loss and expenses resulting from loss of or damage to your records of ac counts receivable a At or within 1000 feet of the de scribed premises is 50000 and b While in transit or at all unde scribed premises is 25000. b. Appurtenant Buildings and Structures 1 At the described premises where Building coverage applies a You may extend the insurance that applies to your buildings to Page 11 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T100 1112 | 2 |
apply to direct physical loss or damage by a Covered Cause of Loss to incidental appurtenant buildings and structures which are at the described premises but not specifically described in the Declarations and b You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others if any to ap ply to direct physical loss or damage by a Covered Cause of Loss to such property located within incidental appurtenant buildings or structures which are at the described premises but not specifically described in the Dec larations. 2 Incidental appurtenant buildings or structures include storage buildings garages pump houses above ground tanks television and radio towers antennas satellite dishes and solar panels mounted on the ground or on poles not attached to buildings and structures. But incidental appur tenant buildings and structures do not include a Outside signs whether or not at tached to buildings or structures b Any property to which the Out door Property Coverage Exten sion applies or c Any property excluded under Section A.2. Property and Costs Not Covered. 3 The most we will pay for loss or dam age in any one occurrence under this Extension is 100000. c. Claim Data Expense 1 You may extend the insurance pro vided by this Coverage Form to apply to the reasonable expenses you incur in preparing claim data when we re quire it to adjust a covered loss. This includes the cost of taking invento ries making appraisals and preparing other documentation to show the ex tent of loss. 2 We will not pay for a Any expenses incurred directed or billed by or payable to attor neys insurance adjusters or their associates or subsidiaries b Any costs as provided in the Ap praisal Loss Condition G.2. or c Any expenses incurred directed or billed by or payable to insur ance brokers or agents or their associates or subsidiaries with out our written consent prior to such expenses being incurred. 3 The most we will pay for claim data expense in any one occurrence under this Extension is 25000. d. Covered Leasehold Interest Undam aged Improvements and Betterments 1 You may extend the insurance that applies to Your Business Personal Property at the described premises which you lease from others to apply to your interest as tenant in improve ments and betterments as defined in Section A.1.b.6 of this Coverage Form which are not damaged or de stroyed but which you lose due to the cancellation of your lease by your landlord. The cancellation of your lease by your landlord must a Result from direct physical loss of or damage to property at the de scribed premises where your im provements and betterments are located caused by or resulting from a Covered Cause of Loss and Be permitted in accordance with the conditions of your written lease agreement. The most we will pay for loss in any one occurrence under this Extension is a The applicable Your Business Personal Property Limit of Insur ance or b 100000 whichever is less. e. Deferred Payments 1 You may extend the insurance that applies to Your Business Personal Property to apply to your interest in b Page 12 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 such business personal property that is sold by you under an installment plan conditional sale trust agree ment or other deferred payment plan when as a result of direct physical loss of or damage to such property a Occurring within the Coverage Territory at any location or in transit after delivery to buyers and b Caused by a Covered Cause of Loss the buyer refuses to continue pay ments owed to you for such property and as a result you repossess the remaining damaged property of value if any. The value of your loss under this Ex tension will be determined as follows a In the event of partial loss to property the value of your loss will be i The unpaid balance shown on your books as due from the buyer for such property excluding any interest or fees due minus ii The actual cash value of the repossessed damaged prop erty. b In the event of a total loss to property the value of your loss will be the unpaid balance shown on your books as due from the buyer for such property exclud ing any interest or fees due. 3 The most we will pay for loss in any one occurrence under this Extension is 25000. Duplicate Electronic Data Processing Data and Media 1 You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to duplicates of your electronic data processing data and media while stored in a separate unat tached building anywhere in the Cov erage Territory from where your business personal property that I d by you under an installment conditional sale trust agree or other deferred payment plan as a result of direct physical of or damage to such property ccurring within the Coverage erritory at any location or in ansit after delivery to buyers nd aused by a Covered Cause of 0ss uyer refuses to continue pay s owed to you for such property as a result you repossess the ining damaged property of if any. salue of your loss under this Ex on will be determined as follows original electronic data processing data and media are kept. 2 The most we will pay for loss or dam age in any one occurrence under this Extension is 50000. g. Electronic Data Processing Data and Media 1 You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others to apply to your costs to re search replace or restore the lost in formation on lost or damaged elec tronic data processing data and me dia for which duplicates do not exist. The loss or damage to the electronic data processing data and media must be caused by a Covered Cause of Loss. 1 the event of partial loss to 2 The most we will pay in any one oc roperty the value of your loss currence under this Extension for loss jill be or damage to electronic data proc.. essing data and media The unpaid balance shown L on your books as due from a At gr Whn 1000 feet of the de the buyer for such property scribed is as follows excluding any interest or fees i 50000 at all described due minus premises unless a different i The actual cash value of the Limit of Insurance or Not repossessed damaged prop Covered is shown in the Dec erty larations or Paragraph ii be. low applies 1 the event of a total loss to. apples roperty the value of your loss i When 09 s showr n jill be the unpaid balance shown the Declarations as the Limit n your books as due from the of Insurance the insurance uyer for such property exclud provided for such property is g any interest or fees due. CUdedhln Ifmd does nlot in crease the Limits of Insur most we will pay for loss in any ance that otherwise apply to bccurrence under this Extension loss or damage to Your Busi 5000. ness Personal Property and e Electronic Data Processing Personal Property of Others Media at the described premises may extend the insurance that where the loss occurs es to Your Business Personal and erty and Personal Property of b At any other location where the fnggngyy O ggsggy jlgi insurance provided under this h. 0 Coverage Form for Your Busi to duplicates dOf your deemrzf ness Personal Property and Per procesjslrjg ata and media sonal Property of Others applies stored in a separate unat including while in transit is in d building anywhere in the Cov cluded in and does not increase Territory from where your the Limit of Insurance that other wise applies to loss or damage to 2011 The Travelers Indemnity Company. All rights reserved. Page 13 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T100 1112 | 2 |
Your Business Personal Property and Personal Property of Others at that location or in transit. But in no event will the amount we pay for such loss or damage to electronic data processing data and media under this Extension exceed the amount we would have paid had the loss to elec tronic data processing data and media occurred at or within 1000 feet of the described prem ises. h. Employee Tools 1 2 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to employee tools at the de scribed premises or while in the care custody or control of your employees at job sites or while in transit between these locations. The most we will pay for loss or dam age in any one occurrence under this Extension is 25000 but not more than 2500 for any one item. i. Extra Expense 1 2 3 You may extend the insurance pro vided by this Coverage Form to apply to the reasonable and necessary Ex tra Expense you incur during the pe riod of restoration due to direct physical loss or damage to property at or within 1000 feet of the de scribed premises caused by or result ing from a Covered Cause of Loss. If you occupy only a portion of a building in which the described prem ises are located such premises in clude all routes within the building to gain access to the portion of the building which you own rent lease or occupy. As used in this Extension a Extra Expense means necessary expenses you incur that you would not have incurred if there had been no direct physical loss or damage to property i To avoid or minimize the suspension of business and to continue your normal busi ness operations At the described prem ises or At replacement premises or at temporary locations including relocation ex penses and costs to equip and operate the replacement or tempo rary locations ii To minimize the suspension of business if you can not continue your normal busi ness operations at the de scribed premises or iii To the extent that it reduces the amount of loss that oth erwise would have been payable under this Coverage Form To repair or replace any property To research replace or restore the lost informa tion on lost or damaged electronic data process ing data and media or valuable papers and re cords. b Period of restoration means the period of time that i Begins with the date of direct physical loss or damage caused by or resulting from any Covered Cause of Loss at the described premises and i Ends on the earlier of The date when the prop erty at the described premises should be re paired rebuilt or replaced with reasonable speed and similar quality or The date when business is resumed at a new permanent location. Period of restoration does not in clude any increased period re Page 14 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
4 quired due to the enforcement of any ordinance or law that i Regulates the construction use or repair or requires the tearing down of any property or ii Requires any insured or oth ers to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to the ef fects of pollutants. The expiration date of this policy will not cut short the period of restoration. The most we will pay for all Extra Ex pense in any one occurrence under this Extension is 25000. Fine Arts 1 2 You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to fine arts at the described premises or in transit. The most we will pay in any one oc currence under this Extension for loss of or damage to fine arts a At or within 1000 feet of the de scribed premises is 50000 and b While in transit is 25000. Loss of Master Key 1 If a master key or key card to build ings rooms or compartments that are Covered Property or house Covered Property is lost or damaged by a Covered Cause of Loss you may ex tend the insurance provided by this Coverage Form to apply to the actual and necessary costs you incur to a Replace keys and either i Adjust existing locks to ac cept the new keys or ii Replace existing locks but only if necessary or less ex pensive than the cost of ad justing the existing locks or b Re program the key card access control device to accept replace ment key cards. With respect only to the insurance provided by this Extension the fol lowing changes apply to the Exclu sions in Section C. and Limitations in Section D. of this Coverage Form a The exclusion of loss or damage caused by or resulting from dis honest or criminal act under Ex clusion C.2.c. Dishonesty does not apply except with respect to dishonest or criminal act by you or any of your partners directors or trustees b The exclusion of loss of property when there is no physical evi dence to show what happened to the property under Limitations D.1.d. does not apply. The most we will reimburse you for costs under this Extension is 25000 in total arising out of all occurrences occurring during each separate 12 month period of this policy beginning with the effective date of the policy. Newly Constructed or Acquired Prop erty 1 You may extend the insurance pro vided by this Coverage Form to apply to direct physical loss or damage by a Covered Cause of Loss to a Your new buildings or additions while being built on the described premises or newly acquired premises including materials equipment supplies and tempo rary structures on or within 1000 feet of the premises Buildings you acquire at locations other than the described prem ises and c Buildings which you become newly required to insure under a written contract. The most we will pay for loss or dam age to Buildings in any one occur rence under this Extension is 2000000 at each building. You may extend the insurance that applies to Your Business Personal b DX T100 1112 Page 15 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to that type of property at a A building you newly acquire or construct at a location described in the Declarations and b Any other location you acquire by purchase or lease other than at exhibitions. The most we will pay for loss or dam age to Your Business Personal Prop erty and Personal Property of Others in any one occurrence under this Ex tension is 1000000 in total at each newly acquired premises. Insurance provided under this Exten sion for each newly acquired or con structed property will end when any of the following first occurs a This policy is cancelled or ex pires b 180 days expire after you acquire or begin to construct the property c You report values to us or d The property is more specifically insured. We will charge you additional pre mium for values reported from the date construction begins or you ac quire the property. m. Non Owned Detached Trailers 1 2 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to trailers or semi trailers that you do not own provided that a The trailer or semi trailer is used in your business b The trailer or semi trailer is in your care custody or control at the described premises and c You have a contractual responsi bility to pay for loss or damage to the trailer or semi trailer. We will not pay for any loss or dam age that occurs a While the trailer or semi trailer is attached to any motor vehicle or motorized conveyance whether or not the motor vehicle or motor ized conveyance is in motion or During hitching or unhitching op erations or when a trailer or semi trailer becomes accidentally unhitched from a motor vehicle or motorized conveyance. 3 The most we will pay for loss or dam age in any one occurrence under this Extension is 25000. 4 This insurance is excess over the amount due from any other insurance covering such property whether you can collect on it or not. n. Outdoor Property 1 You may extend the insurance pro vided by this Coverage Form to apply to a Direct physical loss or damage to your outdoor i Fences i Retaining walls that are not part of a building iii Lawns including fairways greens and tees artificial turf including underlayment trees shrubs and plants other than stock of trees shrubs or plants iv Bridges walks roadways patios or other paved sur faces at the described premises caused by or resulting from a cause of loss described in 2 below and b The reasonable and necessary expense that you incur to remove debris of your outdoor property listed above and similar property of others at your described prem ises caused by a Cause of Loss listed in 2 below that occurs during the policy period. Such expenses will be paid only if they are reported to us in writing within 180 days of the direct physical loss or damage. Such payment will not increase the Limit of In b Page 16 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
surance that applies to this Ex tension. 2 This Extension applies only if the loss or damage is caused by or results from the following causes of loss and then only if they are a Covered Cause of Loss a Fire b Lightning c Explosion d Riot or Civil Commotion e Aircraft f Falling Objects or g Sinkhole Collapse. 3 The most we will pay for loss or dam age and debris removal expense in any one occurrence under this Ex tension is 25000 but we will not pay more than 2500 for any one tree shrub or plant. 0. Outside Signs 1 You may extend the insurance pro vided by this Coverage Form to apply to direct physical loss or damage by a Covered Cause of Loss to outside signs whether or not attached to a building at or within 1000 feet of the described premises or at any unde scribed premises. 2 The most we will pay in any one oc currence under this Extension for loss or damage to all outside signs a At or within 1000 feet of the de scribed premises is 100000 b At all undescribed premises is 5000. p. Personal Effects 1 You may extend the insurance that applies to Your Business Personal Property to apply to direct physical loss or damage by a Covered Cause of Loss to personal effects or fine arts owned by your officers your partners or your employees while such property is at the described premises. 2 The most we will pay for loss or dam age in any one occurrence under this Extension is 25000 at each de scribed premises. DX T100 11 12 2011 The Travelers Indemnit Includes copyrighted material of Insurance Our payment for loss or damage un der this Extension will only be for the account of the owner of the property. Personal Property At Premises Out side of the Coverage Territory 1 You may extend the insurance that applies to Your Business Personal Property and Personal Property of Others to apply to direct physical loss or damage by a Covered Cause of Loss to such property occurring at premises anywhere in the world out side of the Coverage Territory pro vided that no trade sanction em bargo or similar regulation imposed by the United States of America pro hibits us from covering the loss or damage. This Extension does not apply to a Personal property at an exhibi tion b Property at any installation site or at temporary storage premises awaiting installation c Sales representative property or d Personal property in transit. The most we will pay for loss or dam age in any one occurrence under this Extension is 50000. Personal Property In Transit Outside of the Coverage Territory 1 Unless otherwise indicated in the Declarations or by endorsement you may extend the insurance provided for Personal Property in Transit in Section A.1.e. including any mode of transportation or type of shipment ex clusion to apply to Your Business Personal Property and Personal Property of Others in your care cus tody or control in transit anywhere in the world outside of the Coverage Territory provided that no sanction embargo or similar regulation im posed by the United States of Amer ica prohibits us from covering the loss or damage. This Extension also applies to Cov ered Property in transit which is in the custody of your officers or employ ees. Page 17 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 The most we will pay for loss or dam age in any one occurrence under this Extension is 25000. s. Theft Damage to Rented Property 1 You may extend the insurance that 2 3 4 applies to Your Business Personal Property to apply to direct physical loss or damage by theft or attempted theft to a That part of any building at the described premises that you oc cupy but do not own and which contains the Covered Property and Property within such non owned building used for maintenance or service of the non owned build ing. This Extension applies only if you are a tenant and are required in your lease to cover the expense. We will not be liable under this Ex tension for loss or damage by fire or explosion or to glass other than glass building blocks or to any letter ing ornamentation or burglar alarm tape on glass. Payment under this Extension will not increase the Limit of Insurance that applies to Your Business Personal Property at the described premises where the direct physical loss or damage occurs. b t. Undamaged Parts of Stock in Process 1 You may extend the insurance that 2 applies to Your Business Personal Property and Personal Property of Others to apply to the reduction in value of undamaged parts of covered products or stock in process which become unmarketable. The reduction in value must be the direct result of direct physical loss or damage by a Covered Cause of Loss to other parts of the covered products or stock in process at the described premises. The most we will pay for loss or dam age in any one occurrence under this Extension is 50000. u. Valuable Papers and Records Cost of Research 1 You may extend the insurance that applies to Your Business Personal Property to apply to your costs to re search replace or restore the lost in formation on lost or damaged valu able papers and records for which duplicates do not exist. The loss or damage to valuable papers and re cords must be caused by a Covered Cause of Loss. The most we will pay for loss or dam age in any one occurrence under this Extension a At or within 1000 feet of the de scribed premises is 50000 and b While in transit or at all unde scribed premises is 25000.. COVERED CAUSES OF LOSS Covered Causes of Loss means RISKS OF DI RECT PHYSICAL LOSS unless the loss is 1. Excluded in Section C. Exclusions 2. Limited in Section D. Limitations or 3. Excluded or limited in the Declarations or by endorsement.. EXCLUSIONS 1. We will not pay for loss or damage caused di rectly or indirectly by any of the following. Such loss or damage is excluded regardless of any other cause or event that contributes concurrently or in any sequence to the loss or damage. Exclusions C.1.a. through C.1.l. ap ply whether or not the loss event results in widespread damage or affects a substantial area. a. Certain Computer Related Losses 1 Failure malfunction or inadequacy of a Any of the following whether be longing to any insured or to oth ers i Computer hardware includ ing microprocessors ii Computer application soft ware iii Computer operating systems and related software iv Computer networks Page 18 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
v Microprocessors computer chips not part of any com puter system or vi Any other computerized or electronic equipment or com ponents or Any other products and services data or functions that directly or indirectly use or rely upon in any manner any of the items listed in Paragraph 1a above due to the inability to correctly recog nize process distinguish interpret or accept one or more dates or times. 2 Any advice consultation design evaluation inspection installation maintenance repair replacement or supervision provided or done by you to determine rectify or test for any potential or actual problems de scribed in Paragraph 1 above. If an excluded Cause of Loss as de scribed in Paragraphs 1 and 2 above results in any of the specified causes of loss or in elevator collision resulting from mechanical breakdown we will pay only for the loss or damage caused by such specified causes of loss or eleva tor collision. We will not pay for repair replacement or modification of any items in Paragraphs 1 and 2 above to correct any deficien cies or change in features. Earth Movement 1 Any of the following all whether natu rally occurring or due to man made or other artificial causes a Earthquake including tremors and aftershocks and earth sink ing rising or shifting related to such event Landslide including any earth sinking rising or shifting related to such event c Mine subsidence meaning sub sidence of a man made mine whether or not mining activity has ceased Earth sinking other than sink hole collapse rising or shifting b b d including soil conditions which cause settling cracking or other disarrangement of foundations or other parts of realty. Soil condi tions include contraction expan sion freezing thawing erosion improperly compacted soil and the action of water under the ground surface or e Volcanic eruption explosion or effusion. 2 If Earth Movement as described in a Paragraphs 1a through 1d above results in fire or explosion we will pay for the loss or dam age caused by that fire or explo sion or Paragraph 1e above results in fire building glass breakage or Volcanic Action we will pay for the loss or damage caused by that fire building glass breakage or Volcanic Action. Volcanic Action means direct loss or damage resulting from the eruption of a volcano when the loss or damage is caused by i Airborne volcanic blast or air borne shock waves i Ash dust or particulate mat ter or iii Lava flow. With respect to coverage for Vol canic Action as set forth in i ii and i above volcanic erup tions that occur within any 168 hour period will constitute a sin gle occurrence. Volcanic Action does not include the cost to re move ash dust or particulate matter that does not cause direct physical loss or damage to the described property. 3 This exclusion does not apply to a Personal property in transit b Personal property at an exhibi tion c Sales representative property or d Personal property in the custody of any officer or employee of the b DX T100 1112 Page 19 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
h. Ordinance or Law 1 The enforcement of any ordinance or law a Regulating the construction use or repair of any property or b Requiring the tearing down of any property including the cost of removing its debris. 2 This exclusion Ordinance or Law applies whether the loss results from a An ordinance or law that is en forced even if the property has not been damaged or b The increased costs incurred to comply with an ordinance or law in the course of construction re pair renovation remodeling or demolition of property or removal of its debris following a physical loss to that property. i. Utility Services The failure or fluctuation of power com munication water or other utility service supplied to the described premises how ever caused if the failure or fluctuation 1 Originates away from the described premises or 2 Originates at the described premises but only if such failure or fluctuation involves equipment used to supply the utility service to the described premises from a source away from the described premises. Failure or fluctuation of any utility service includes lack of sufficient capacity and reduction in supply. But if the failure or fluctuation of power communication water or other utility ser vice results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause or Loss. Communication services include service relating to Internet access or access to any electronic cellular or satellite net work. j. Virus or Bacteria 1 Any virus bacterium or other micro organism that induces or is capable of inducing physical distress illness or disease. insured while traveling outside of the Coverage Territory. Fungus Wet Rot or Dry Rot Presence growth proliferation spread or any activity of fungus wet rot or dry rot. But if fungus wet rot or dry rot results in any of the specified causes of loss we will pay for the loss or damage caused by such specified causes of loss. This exclusion does not apply 1 When fungus wet rot or dry rot re sults from fire or lightning or 2 To the extent that coverage is pro vided under the Limited Coverage for Fungus Wet Rot or Dry Rot Addi tional Coverage. Governmental Action Seizure or destruction of property by or der of governmental authority except as provided for under the Additional Cover age Ordinance or Law Coverage. But we will pay for loss or damage caused by or resulting from acts of de struction ordered by governmental au thority and taken at the time of a fire to prevent its spread if the fire would be covered under this Coverage Part. Intentional Loss Any act an insured commits or conspires to commit with the intent to cause a loss. In the event of such loss no insured is entitled to coverage including insureds who did not commit or conspire to commit the act causing the loss. Neglect Neglect of an insured to use reasonable means to save and preserve property from further damage at and after the time of loss. Nuclear Hazard Nuclear reaction or radiation or radioac tive contamination however caused. But if nuclear reaction or radiation or ra dioactive contamination results in fire we will pay for the loss or damage caused by that fire. Page 20 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 With respect to any loss or damage subject to this exclusion this exclu sion supersedes any exclusion relat ing to pollutants. War and Military Action 1 War including undeclared or civil war 2 Warlike action by a military force in cluding action in hindering or defend ing against an actual or expected at tack by any government sovereign or other authority using military per sonnel or other agents or Insurrection rebellion revolution usurped power or action taken by governmental authority in hindering or defending against any of these. Water 1 Any of the following all whether natu rally occurring or due to man made or other artificial causes a Flood surface water waves in cluding tidal wave and tsunami tides tidal water overflow of any body of water or spray from any of these all whether driven by wind including storm surge or not b Mudslide or mudflow c Water or sewage that backs up or overflows or is otherwise dis charged from a sewer drain sump sump pump or related equipment. However this exclu sion does not apply to the backup or overflow of water or sewage from drains within a building if the backup or overflow is not other wise directly or indirectly caused by the Water Exclusions in Para graphs a or b above or in Paragraphs d or e below. Water under the ground surface pressing on or flowing or seeping through i Foundations walls floors or paved surfaces ii Basements whether paved or not or iii Doors windows or other openings or 3 d e Waterborne material carried or otherwise moved by any of the water referred to in Paragraphs a c and d above or material carried or otherwise moved by mudslide or mudflow. But if Water as described in a through e above results in fire ex plosion or sprinkler leakage we will pay for the loss or damage caused by that fire explosion or sprinkler leak age. 2 This exclusion does not apply to a Personal property in transit b Personal property at an exhibi tion c Sales representative property or d Personal property in the custody of any officer or employee of the insured while traveling outside of the Coverage Territory. 2. We will not pay for loss or damage caused by or resulting from any of the following a. Collapse 1 Collapse including any of the follow ing conditions of property or any por tion of the property a An abrupt falling down or caving in b Loss of structural integrity includ ing separation of portions of the property or property in danger of falling down or caving in or c Any cracking bulging sagging bending leaning settling shrink age or expansion as such condi tion relates to Paragraphs a or b above. But if collapse results in a Covered Cause of Loss at the described prem ises we will pay for the loss or dam age caused by that Covered Cause of Loss. 2 This Exclusion does not apply a To an abrupt collapse to the ex tent that coverage is provided under the Abrupt Collapse Addi tional Coverage in 3 below or DX T100 1112 Page 21 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b To collapse of Covered Property caused by one or more of the fol lowing i Any of the specified causes of loss or breakage of build ing glass all only as insured against in this Coverage Part ii Weight of rain that collects on a roof or iii Weight of people or personal property. 3 Abrupt Collapse Additional Coverage of 38 The term Covered Cause of Loss in cludes abrupt collapse as described and limited under Paragraphs a through g below. a As used in this Additional Cover age abrupt collapse means abrupt falling down or caving in of a building or any portion of a building with the result that the building or portion of the building can not be occupied for its in tended purpose. We will pay for direct physical loss of or damage to Covered Property caused by abrupt col lapse of a building or any portion of a building that is insured under this Coverage Form or that con tains Covered Property insured under this Coverage Form if such collapse is caused by one or more of the following i Building decay that is hidden from view unless the pres ence of such decay is known to an insured prior to col lapse i Insect or vermin damage that is hidden from view unless the presence of such dam age is known to an insured prior to collapse iii Use of defective material or methods in construction re modeling or renovation if the abrupt collapse occurs during the course of the construc tion remodeling or renova tion b iv Use of methods modeling abrupt c the con or renov only if tt in part b Ac Parz 3k One spe loss Brez glas Wei prog Wei lects c Abrupt coll graphs 3a not apply to i A buildir building falling d i A portior standing rated fro the build iii A buildir any port is stand evidence sagging settling sion. d With respe property i Televisic antenna guy wire masts ii Awnings downspc iii Yard fixt iv Outdoor v Bulkhea wharves 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. iv Use of defective material or methods of construction re modeling or renovation if the abrupt collapse occurs after the construction remodeling or renovation is complete but only if the collapse is caused in part by A cause of loss listed in Paragraphs 3bi or 3bii above One or more of the specified causes of loss Breakage of building glass Weight of people or property or Weight of rain that col lects on a roof. c Abrupt collapse under Para graphs 3a and b above does not apply to i A building or any portion of a building that is in danger of falling down or caving in i A portion of a building that is standing even if it has sepa rated from another portion of the building or A building that is standing or any portion of a building that is standing even if it shows evidence of cracking bulging sagging bending leaning settling shrinkage or expan sion. d With respect to the following property i Television and radio towers antennas satellite dishes guy wires lead in wiring and masts ii Awnings canopies gutters downspouts and fences iii Yard fixtures iv Outdoor swimming pools v Bulkheads pilings piers wharves and docks Page 22 of 38 DX T100 1112 | 2 |
vi Beach or diving platforms or appurtenances vii Retaining walls viii Underground pipes flues or drains and ix Walkways roadways and other paved surfaces if abrupt collapse is caused by a Cause of Loss listed in Para graphs 3bi through 3biv above we will pay for loss or damage to that property only if i Such loss or damage is a di rect result of the abrupt col lapse of a building or any por tion of a building insured un der this Coverage Form and ii The property is Covered Property under this Coverage Form. e If personal property abruptly falls down or caves in and such col lapse is not the result of abrupt collapse of a building or any por tion of a building we will pay for loss or damage to Covered Prop erty caused by such collapse of personal property only if i The collapse of personal property was caused by a Cause of Loss listed in Para graphs 3bi through 3biv above ii The personal property which collapses is inside a building and iii The personal property which collapses is not of a kind listed in Paragraph 3d above regardless of whether that kind of property is con sidered to be personal prop erty or real property. f This Abrupt Collapse Additional Coverage does not apply to per sonal property that has not abruptly fallen down or caved in even if the personal property shows evidence of cracking bulging sagging bending lean ing settling shrinkage or expan sion. i Beach or diving platforms or appurtenances Retaining walls Underground pipes flues or drains and Walkways roadways and other paved surfaces abrupt collapse is caused by a jause of Loss listed in Para raphs 3bi through 3biv bove we will pay for loss or lamage to that property only if Such loss or damage is a di rect result of the abrupt col lapse of a building or any por tion of a building insured un der this Coverage Form and i The property is Covered Property under this Coverage Form. personal property abruptly falls own or caves in and such col pse is not the result of abrupt ollapse of a building or any por on of a building we will pay for ss or damage to Covered Prop rty caused by such collapse of ersonal property only if The collapse of personal property was caused by a Cause of Loss listed in Para graphs 3bi through 3biv above i The personal property which collapses is inside a building and The personal property which collapses is not of a kind listed in Paragraph 3d above regardless of whether that kind of property is con sidered to be personal prop erty or real property. his Abrupt Collapse Additional Joverage does not apply to per onal property that has not bruptly fallen down or caved in ven if the personal property how s evidence of cracking ulging sagging bending lean 1 g settling shrinkage or expan ion. g This Abrupt Collapse Additional Coverage will not increase the Limits of Insurance provided in this Coverage Part. b. Consequential Loss 1 Delay loss of use or loss of market or 2 Loss of business income or extra ex pense except as specifically provided in this Coverage Part. Dishonesty Dishonest or criminal act by you any of your partners members officers manag ers employees including leased em ployees directors trustees authorized representatives or anyone to whom you entrust the property for any purpose 1 Acting alone or in collusion with oth ers or 2 Whether or not occurring during the hours of employment. This exclusion does not apply to acts of destruction by your employees including leased employees but theft by employ ees is not covered. This exclusion does not apply to carriers for hire. Electrical Damage or Disturbance Artificially generated electrical magnetic or electromagnetic energy that damages disturbs or otherwise interferes with any 1 Electrical or electronic wire device appliance system or network or 2 Device appliance system or network utilizing cellular or satellite technol ogy. Electrical magnetic or electromagnetic energy includes 1 Electrical current including arcing 2 Electrical charge produced or con ducted by a magnetic or electromag netic field Pulse of electromagnetic energy Electromagnetic waves or micro waves. But if fire results we will pay for the loss or damage caused by that fire. This Exclusion does not apply to loss or damage to electronic data processing 3 4 2011 The Travelers Indemnity Company. All rights reserved. Page 23 of 38 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T100 1112 | 2 |
equipment or electronic data processing data and media. Explosion Explosion of steam boilers steam gen erators steam pipes steam engines or steam turbines owned or leased by you or operated under your control. But if explosion of steam boilers steam generators steam pipes steam engines or steam turbines results in fire or com bustion explosion we will pay for the loss or damage caused by that fire or combus tion explosion. We will also pay for loss or damage caused by or resulting from the explosion of gases or fuel within the fur nace of any fired vessel or within the flues or passages through which the gases of combustion pass. Exposed Property Rain snow sand dust ice or sleet to personal property in the open other than to property in the custody of a carrier for hire. Freezing Water other liquids powder or molten material that leaks or flows from plumb ing heating air conditioning ventilation or other equipment except fire protective systems caused by or resulting from freezing unless 1 You do your best to maintain heat in the building or structure or 2 You drain the equipment and shut off the supply if the heat is not main tained. Liquid Seepage or Leakage Continuous or repeated seepage or leak age of water or other liquid or the pres ence or condensation of humidity mois ture or vapor that occurs over a period of 14 days or more. Other Types of Losses 1 Wear and tear 2 Rust or other corrosion decay dete rioration hidden or latent defect or any quality in property that causes it to damage or destroy itself 3 Smog 4 Settling cracking shrinking bulging or expansion 5 Nesting or infestation or discharge or release of waste products or secre tions by insects birds rodents or other animals Mechanical breakdown including rupture or bursting caused by cen trifugal force. But if mechanical breakdown results in elevator colli sion we will pay for the loss or dam age caused by that elevator collision. This Exclusion does not apply to loss or damage to electronic data proc essing equipment or electronic data processing data and media The following causes of loss to per sonal property a Dampness or dryness of atmos phere b Changes in or extremes of tem perature c Changes in flavor color texture or finish d Contamination by other than pol lutants and e Marring or scratching. But if an excluded cause of loss that is listed in Paragraphs 1 through 7 above results in any of the specified causes of loss or building glass breakage we will pay for the loss or damage caused by such specified causes of loss or building glass breakage. Also if an excluded cause of loss listed in Paragraphs 1 through 5 or 7 above results in mechanical breakdown of elec tronic data processing equipment we will pay for the loss or damage caused by that mechanical breakdown of electronic data processing equipment. Pollution Discharge dispersal seepage migration release or escape of pollutants unless the discharge dispersal seepage migra tion release or escape is itself caused by any of the specified causes of loss. But if the discharge dispersal seepage mi gration release or escape of pollutants results in any of the specified causes of loss we will pay for the loss or damage caused by such specified causes of loss. Page 24 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
k. Smoke Vapor or Gas Smoke vapor or gas from agricultural smudging or industrial operations. This exclusion does not apply to emis sions or puff backs of smoke soot fumes or vapors from a boiler furnace or related equipment. I. Voluntary Parting Voluntary parting with any property by you or anyone else to whom you have en trusted the property. This Exclusion does not apply to insur ance provided under this Coverage Form for personal property in transit if the loss to Covered Property is caused by your acceptance in good faith of false bills of lading or shipping receipts. 3. We will not pay for loss or damage caused by or resulting from any of the following 3.a. through 3.c. but if an excluded cause of loss that is listed in 3.a. and 3.b. below results in a Covered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. a. Weather conditions. But this exclusion only applies if weather conditions contrib ute in any way with a cause or event ex cluded in C.1. above to produce the loss or damage. b. Acts or decisions including the failure to act or decide of any person group or ganization or governmental body except as provided in the Additional Coverage Ordinance or Law Coverage. c. Faulty inadequate or defective 1 Planning zoning development sur veying siting 2 Design specifications workmanship repair construction renovation re modeling grading compaction 3 Materials used in repair construction renovation or remodeling or 4 Maintenance of part or all of any property on or off the described premises. If an excluded cause of loss that is listed in 3.c. above results in a Covered Cause of Loss we will pay for the resulting loss or damage caused by that Covered Cause of Loss. But we will not pay for 1 Any cost of a Correcting or making good the fault inadequacy or defect itself or b Tearing down tearing out repair ing or replacing any part of any property to correct the fault in adequacy or defect except as specifically provided under the Water or Other Substance Loss Tear Out and Replacement Expense Additional Coverage or Any resulting loss or damage by a Covered Cause of Loss to the prop erty that has the fault inadequacy or defect until the fault inadequacy or defect is corrected. 4. Special Exclusions The following exclusions apply only with re spect to the specified coverage or property. Accounts Receivable Under the Accounts Receivable Cover age Extension we will not pay for 1 Loss or damage caused by or result ing from bookkeeping accounting or billing errors or omissions Any loss or damage that requires an audit of records or an inventory com putation to prove its factual existence or Loss or damage caused by or result ing from alteration falsification con cealment or destruction of records of accounts receivable done to conceal wrongful giving taking or withholding of money securities or other prop erty. But this exclusion only applies to the wrongful giving taking or with holding. Valuable Papers and Records We will not pay for any loss of or damage to valuable papers and records caused by or resulting from the following. In addi tion we will not pay for any loss that is a consequence of such loss or damage. 1 Unauthorized viewing copying or use of electronic data or any proprietary or confidential information or intellec tual property in any form by any per son even if such activity is character ized as theft 3 DX T100 1112 Page 25 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 Errors or omissions in processing or copying. But if errors or omissions in processing or copying results in fire or explosion we will pay for the re sulting loss or damage caused by that fire or explosion or 3 Unauthorized instructions to transfer property to any person or place. c. Electronic Data Processing Equipment and Electronic Data Processing Data and Media 1 We will not pay for loss of or damage to electronic data processing equip ment any other programmable elec tronic machines electronic data processing data and media or other electronic data caused by or resulting from the following. In addition we will not pay for any loss that is a conse quence of such loss or damage. a Programming errors omissions or incorrect instructions to a ma chine. But if programming errors omissions or incorrect instruc tions to a machine result in any of the specified causes of loss or result in mechanical breakdown of electronic data processing equipment we will pay for the loss or damage caused by that specified cause of loss or me chanical breakdown of electronic data processing equipment connected o tem depend tronic data network re specified c sults in mec electronic equipment loss or dam specified c chanical bre data process Unexplained failure malf of any electr system or n electronic de network an cess or pro electronic dz We will not pay to electronic d and media or while being sent dition we will that is a conseqt damage. 5. Additional Exclusic The following exclu loss or damage to t and to loss that is a loss or damage to th Loss or Damage to b Unauthorized viewing copying or We will not pay for use of electronic data processing any merchandise g data and media by any person caused by or resultir even if such activity is character sion by any persor ized as theft those having posse c Errors or deficiency in design in rangement where w stallation maintenance repair or work is outsourced modification of your electronic development produ data processing system or any product including pl electronic data processing sys essing packaging tem or network to which your sys nance or repair. This tem is connected or on which any effect that cor your system depends including substance or qualit the electronic data in such sys if such error or omis tem or network. But if errors or ered Cause of Loss deficiency in design installation loss or damage cau maintenance repair or modifica Cause of Loss. tion of your electronic data proc D. LIMITATIONS essing system or any electronic. o data processing system or net The following limitations a work to which your system is forms and endorsements unl 26 of 38 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. connected or on which your sys tem depends including the elec tronic data in such system or network results in any of the specified causes of loss or re sults in mechanical breakdown of electronic data processing equipment we will pay for the loss or damage caused by that specified cause of loss or me chanical breakdown of electronic data processing equipment or Unexplained or indeterminable failure malfunction or slowdown of any electronic data processing system or network including the electronic data in such system or network and the inability to ac cess or properly manipulate the electronic data. We will not pay for loss of or damage to electronic data processing data and media or other electronic data while being sent electronically. In ad dition we will not pay for any loss that is a consequence of such loss or damage. 5. Additional Exclusion The following exclusion applies only to loss or damage to the specified property and to loss that is a consequence of such loss or damage to the specified property. Loss or Damage to Products We will not pay for loss of or damage to any merchandise goods or other product caused by or resulting from error or omis sion by any person or entity including those having possession under an ar rangement where work or a portion of the work is outsourced in any stage of the development production or use of the product including planning testing proc essing packaging installation mainte nance or repair. This exclusion applies to any effect that compromises the form substance or quality of the product. But if such error or omission results in a Cov ered Cause of Loss we will pay for the loss or damage caused by that Covered Cause of Loss. D. LIMITATIONS The following limitations apply to all coverage forms and endorsements unless otherwise stated. Page 26 of 38 DX T100 1112 | 2 |
1. We will not pay for loss of or damage to prop erty as described and limited in this section. In addition we will not pay for any loss that is a consequence of loss or damage as de scribed and limited in this section. a. Steam boilers steam pipes steam en gines or steam turbines caused by or re sulting from any condition or event inside such equipment. But we will pay for loss of or damage to such equipment caused by or resulting from an explosion of gases or fuel within the furnace of any fired ves sel or within the flues or passages through which the gases of combustion pass. b. Hot water boilers or other water heating equipment caused by or resulting from any condition or event inside such boilers or equipment other than an explosion. c. The interior of a building or structure or to personal property in the building or structure caused by or resulting from rain snow sleet ice sand or dust whether driven by wind or not unless 1 The building or structure first sustains damage by a Covered Cause of Loss to its roof or walls through which the rain snow sleet ice sand or dust enters or 2 The loss or damage is caused by or results from thawing of snow sleet or ice on the building or structure. d. Property that is missing where the only evidence of the loss or damage is a shortage disclosed on taking inventory or other instances where there is no physi cal evidence to show what happened to the property. This limitation does not apply to property in the custody of a carrier for hire. e. Property that has been transferred to a person or place outside the described premises on the basis of unauthorized in structions. f. Trees shrubs plants or lawns on a vege tative roof or stock of outdoor trees shrubs and plants caused by or resulting from 1 Dampness or dryness of atmosphere 2 Changes in or extremes of tempera ture or 3 Rain snow sand dust ice or sleet. The special limit shown through c. is the total lir age to all property in eac cial limit applies to an theft regardless of the ty ticles that are lost or da rence. The special limits a. 25000 for furs fu ments trimmed with b. 25000 for jewel movements jewels semi precious stone platinum and other metals but 1 This limit is incr gold silver plat cious alloys or n material in your ess and 2 This limit does and watches we item. c. 5000 for stamps tery tickets held for credit. These special limits are to the Limit of Insuran Covered Property. If the building where los has been vacant for a 60 consecutive days bef age occurs a. We will not pay for caused by any of they are Covered Cz 1 Vandalism 2 Sprinkler leakag protected the s ing 3 Building glass br 4 Water damage 5 Theft or 6 Attempted theft. b. With respect to Cov other than those lis a.6 above we wil we would otherwise damage by 15. DX T100 11 12 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. 2. The special limit shown for each category a. through c. is the total limit for loss of or dam age to all property in each category. The spe cial limit applies to any one occurrence of theft regardless of the types or number of ar ticles that are lost or damaged in that occur rence. The special limits are a. 25000 for furs fur garments and gar ments trimmed with fur. b. 25000 for jewelry watches watch movements jewels pearls precious and semi precious stones bullion gold silver platinum and other precious alloys or metals but 1 This limit is increased to 50000 for gold silver platinum and other pre cious alloys or metals used as a raw material in your manufacturing proc ess and 2 This limit does not apply to jewelry and watches worth 100 or less per item. c. 5000 for stamps tickets including lot tery tickets held for sale and letters of credit. These special limits are part of not in addition to the Limit of Insurance applicable to the Covered Property. 3. If the building where loss or damage occurs has been vacant for a period of more than 60 consecutive days before that loss or dam age occurs a. We will not pay for any loss or damage caused by any of the following even if they are Covered Causes of Loss 1 Vandalism 2 Sprinkler leakage unless you have protected the system against freez ing 3 Building glass breakage 4 Water damage 5 Theft or 6 Attempted theft. b. With respect to Covered Causes of Loss other than those listed in a.1 through a.6 above we will reduce the amount we would otherwise pay for the loss or damage by 15. Page 27 of 38 | 2 |
E. LIMITS OF INSURANCE The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insur ance shown in the Declarations Schedules Cov erage Forms or Endorsements. Payments under 1. The following Additional Coverages a. Fire Department Service Charge b. Fire Protective Equipment Discharge c. Limited Coverage for Fungus Wet Rot or Dry Rot Stored Water and Water or Other Substance Loss Tear Out and Replacement Expense and 2. The following Coverage Extensions a. Covered Leasehold Interest Undam aged Improvements and Betterments and b. Theft Damage To Rented Property are included in and do not increase the applicable Limits of Insurance. Payments under the Debris Removal Additional Coverage and the Preservation of Property Addi tional Coverage are included in the applicable Covered Property Limits of Insurance andor are additional insurance as described in the Debris Removal Additional Coverage in Section A.3.a. and the Preservation of Property Additional Cov erage in Section A.3.j. Payments under the Electronic Data Processing Data and Media Coverage Extension are included in the applicable Covered Property Limits of In surance andor are additional insurance as de scribed in the Electronic Data Processing Data and Media Coverage Extension in Section A.4.g. The remaining Additional Coverages in Section A.3. and the remaining Coverage Extensions in Section A.4. are additional insurance. F. DEDUCTIBLE We will not pay for loss or damage in any one occurrence until the amount of loss or damage exceeds the applicable Deductible shown in the Declarations. We will then pay the amount of loss or damage in excess of the applicable Deductible up to the applicable Limit of Insurance. Unless otherwise stated if more than one de ductible amount applies to loss or damage in any one occurrence the total of the deductible RANCE pay for loss or damage in any s the applicable Limit of Insur e Declarations Schedules Cov G. Endorsements. Additional Coverages artment Service Charge ective Equipment Discharge Joverage for Fungus Wet Rot or ater and Other Substance Loss Tear Replacement Expense Coverage Extensions Leasehold Interest Undam provements and Betterments mage To Rented Property d do not increase the applicable e. the Debris Removal Additional e Preservation of Property Addi are included in the applicable Limits of Insurance andor are 1ce as described in the Debris nal Coverage in Section A.3.a. tion of Property Additional Cov A.3.j. the Electronic Data Processing Soverage Extension are included Covered Property Limits of In re additional insurance as de lectronic Data Processing Data age Extension in Section A.4.g. dditional Coverages in Section naining Coverage Extensions in additional insurance. for loss or damage in any one the amount of loss or damage licable Deductible shown in the will then pay the amount of loss ess of the applicable Deductible le Limit of Insurance. stated if more than one de applies to loss or damage in any the total of the deductible 2011 The Travelers Indemnity Company. All rights reserved. amounts applied in that occurrence will not ex ceed the amount of the largest applicable de ductible. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions Deluxe 1. Abandonment There can be no abandonment of any prop erty to us. Appraisal If we and you disagree on the value of the property or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court having jurisdic tion. The appraisers will state separately the value of the property and amount of loss. If they fail to agree they will submit their differ ences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. Duties in the Event of Loss or Damage a. You must see that the following are done in the event of loss of or damage to Cov ered Property 1 Notify the police if a law may have been broken. 2 Give us prompt notice of the loss or damage. Include a description of the property involved. 3 As soon as possible give us a de scription of how when and where the loss or damage occurred. Take all reasonable steps to protect the Covered Property from further damage and keep a record of your expenses necessary to protect the Covered Property for consideration in the settlement of the claim. This will not increase the Limit of Insur ance. However we will not pay for any loss or damage resulting from a cause of loss that is not a Covered Cause of Loss. Also if feasible set 4 DX T100 1112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 28 of 38 | 2 |
the damaged property aside and in the best possible order for examina tion. At our request give us complete in ventories of the damaged and un damaged property. Include quantities costs values and amount of loss claimed. 6 As often as may be reasonably re quired permit us to inspect the prop erty and records proving the loss or damage and examine your books and records. Also permit us to take samples of damaged and undamaged property for inspection testing and analysis and permit us to make copies from your books and records. Send us a signed sworn proof of loss containing the information we request to investigate the claim. You must do this within 60 days after our request. We will supply you with the neces sary forms. Cooperate with us in the investigation or settlement of the claim. You will not except at your own cost voluntarily make a payment assume any obligation or incur any expense without our consent except as re spects to protecting property from fur ther damage. We may examine any insured under oath while not in the presence of any other in sured and at such times as may be rea sonably required about any matter relat ing to this insurance or the claim includ ing an insured s books and records. In the event of an examination an insured s an swers must be signed. 5 8 9 4. Loss Payment a. In the event of loss or damage covered by this Coverage Form at our option we will either 1 Pay the value of lost or damaged property 2 Pay the cost of repairing or replacing the lost or damaged property subject to b. c. d. and e. below 3 Take all or any part of the property at an agreed or appraised value or 4 Repair rebuild or replace the prop erty with other property of like kind and quality subject to b. c. d. and e. below. A party wall is a wall that separates and is common to adjoining buildings that are owned by different parties. In settling covered losses involving a party wall we will pay a proportion of the loss to the party wall based on your interest in the wall in proportion to the interest of the owner of the adjoining building. However if you elect to repair or replace your build ing and the owner of the adjoining build ing elects not to repair or replace that building we will pay you the full value of the loss to the party wall subject to all applicable Coverage Part provisions in cluding Limits of Insurance the Valuation Loss Condition and all other provisions of this Loss Payment Loss Condition. Our payment under the provisions of this paragraph does not alter any right of sub rogation we may have against any entity including the owner or insurer of the ad joining building and does not alter the terms of the Additional Condition Trans fer of Rights of Recovery Against Others To Us in this Coverage Form. Except as provided in the Additional Cov erage Ordinance or Law Coverage the cost to repair rebuild or replace does not include the increased cost attributable to enforcement of any ordinance or law regulating the construction use or repair of any property. The following loss payment provisions are subject to the apportionment procedures set forth in Additional Coverage Ordi nance or Law Coverage The most we will pay for the total of all covered losses in any one occurrence under Coverage A Coverage For Loss To The Undamaged Portion of the Build ing Coverage B Demolition Cost Cov erage and Coverage C Increased Cost of Construction Coverage is the Com bined Limit of Insurance shown in the Declarations for Ordinance or Law Cov erage. Subject to this Combined Limit of Insurance the following loss payment provisions apply DX T100 1112 Page 29 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1 For aloss in value of an undamaged portion of a building to which Cover age A applies the loss payment for that undamaged portion of the build ing will be determined as follows a If Replacement Cost Coverage applies and the property is being repaired or replaced on the same or another location we will not pay more than the lesser of i The cost to repair rebuild or reconstruct the undamaged portion of the building that was necessarily demolished as a consequence of the or dinance or law but not for more than the amount it would cost to restore that un damaged portion of the build ing on the same location and to the same height floor area style and comparable quality of the original property insured or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. If Replacement Cost Coverage applies and the property is not repaired or replaced or if Re placement Cost Coverage does not apply we will not pay more than the lesser of i The Actual Cash Value at the time of loss of the undam aged portion of the building that is required to be demol ished as a consequence of the ordinance or law or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. 2 Loss payment under Coverage B will be determined as follows a The amount you actually spend to demolish and clear the site or b The Combined Limit of Insurance shown in the Declarations for the b Additional Coverage Ordinance or Law Coverage whichever is less. 3 Loss payment under Coverage C will be determined as follows a We will not pay under Coverage C i Until the property is actually repaired or replaced at the same or another location and i Unless the repairs or re placement are made as soon as reasonably possible after the loss or damage not to exceed two years. We may extend this period in writing during the two years. b If the building is repaired or re placed at the same location or if you elect to rebuild at another lo cation the most we will pay un der Coverage C is the lesser of i The increased cost of con struction at the same loca tion or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. c If the ordinance or law requires relocation to another location the most we will pay under Coverage C is the lesser of i The increased cost of con struction at the new location or ii The Combined Limit of Insur ance shown in the Declara tions for the Additional Cov erage Ordinance or Law Coverage. e. Except as specifically provided under the 1 Green Building Alternatives In creased Cost Additional Coverage and 2 Green Building Reengineering and Recertification Expense Additional Coverage Page 30 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
the cost to repair rebuild or replace does not include any cost incurred to reattain a pre loss level of green building certifica tion from a Green Authority. f. With respect to our options listed in 4.a.1 through 4.a.4 above we will give notice of our intentions within 30 days af ter we receive the proof of loss. g. We will not pay you more than your finan cial interest in the Covered Property. h. We may adjust losses with the owners of lost or damaged property if other than you. If we pay the owners such pay ments will satisfy your claims against us for the owner s property. We will not pay the owners more than their financial in terest in the Covered Property. i. We may elect to defend you against suits arising from claims of owners of property. We will do this at our expense. j We will pay for covered loss or damage within 30 days after we receive the sworn proof of loss if 1 You have complied with all of the terms of this Coverage Part and 2 a We have reached agreement with you on the amount of loss or b An appraisal award has been made. k. At our option we may make a partial payment toward any claims subject to the policy provisions and our normal ad justment process. To be considered for a partial claim payment you must submit a partial sworn proof of loss with supporting documentation. Any applicable policy de ductibles must be satisfied before any partial payments are made. 5. Recovered Property If either you or we recover any property after loss settlement that party must give the other prompt notice. At your option the property will be returned to you. You must then return to us the amount we paid to you for the prop erty. a. We will pay 1 Recovery expenses and 2 Costs to repair the recovered prop erty b. But the amount we will pay will not ex ceed DX T100 1112 2011 The Travelers Indemnit Includes copyrighted material of Insurance 1 The total of a.1 and a.2 above 2 The value of the recovered property or 3 The Limit of Insurance whichever is less. 6. Valuation We will determine the value of Covered Prop erty in the event of loss or damage as follows At replacement cost as of the time of loss or damage except as otherwise provided in this Valuation Loss Condition. Re placement cost is the cost to replace Covered Property at the time of loss or damage without deduction for deprecia tion. 1 You may make a claim for loss or 2 3 damage covered by this insurance on an actual cash value basis instead of on a replacement cost basis. In the event you elect to have loss or dam age settled on an actual cash value basis you may still make a claim on a replacement cost basis if you notify us of your intent to do so within 180 days after the loss or damage. We will not pay on a replacement cost basis for any loss or damage a Until the lost or damaged prop erty is actually repaired or re placed and b Unless the repairs or replace ment are made as soon as rea sonably possible after the loss or damage. Instead we will pay on an actual cash value basis. This restriction does not apply to losses less than 10000. We will not pay more for loss or dam age on a replacement cost basis than the least of a b or c subject to 4 below a The Limit of Insurance applicable to the lost or damaged property b The cost to replace at the same premises the lost or damaged property with other property i Of comparable material and quality and Page 31 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
ii Used for the same purpose or c The amount you actually spend that is necessary to repair or re place the lost or damaged prop erty. If a building is rebuilt at a different premises the cost described in b above is limited to the cost which would have been incurred had the building been built at the original premises. The cost to repair rebuild or replace does not include the increased cost attributable to enforcement of any or dinance or law regulating the con struction use or repair of any prop erty except as provided in the Addi tional Coverage Ordinance or Law Coverage. Electronic data processing equipment will be valued at replacement cost as of the time and place of loss in accordance with the replacement cost provisions con tained in this Valuation Loss Condition. However if replacement of electronic data processing equipment with compa rable property is impossible the replace ment cost will be the cost of items that are similar to the damaged or destroyed equipment and intended to perform the same function but which may include technological advances. In no event will the value determined for 1 Electronic data processing equip ment owned by others exceed the amount for which you are liable or 2 Electronic data processing equip ment that is obsolete or no longer used by you exceed the actual cash value of such equipment at the time of loss. Electronic data processing data and me dia will be valued at 1 The cost of blank media and 2 The cost of labor to copy the elec tronic data from a duplicate of the electronic data but only if the lost electronic data is actually copied. The restoration of electronic data proc essing data and media for which dupli cates do not exist is provided under the 4 Electronic Data Processing Data and Me dia Coverage Extension. Tenant s improvements and betterments at 1 Replacement cost of the lost or dam aged property if it is actually repaired or replaced as soon as reasonably possible. A proportion of your original cost if you do not make repairs as soon as reasonably possible. We will deter mine the proportionate value as fol lows a Multiply the original cost by the number of days from the loss or damage to the expiration of the lease and b Divide the amount determined in a above by the number of days from the installation of improve ments to the expiration of the lease. If your lease contains a renewal op tion the expiration of the renewal op tion period will replace the expiration of the lease in this procedure. Nothing if others pay for repairs or replacement. Personal property you have sold but not delivered at the selling price less dis counts and expenses you otherwise would have had. Personal property of others at the lesser of 1 The valuation of such property if it were owned by you or 2 The amount for which you are con tractually liable not to exceed the re placement cost. Stock in process at the cost of raw ma terials and labor plus the proper propor tion of overhead charges. Finished stock you manufacture at 1 The selling price as if no loss or damage occurred 2 Less discounts and expenses you otherwise would have had. Personal property in transit at 1 a The amount of invoice or 3 Page 32 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b In the absence of an invoice the least of the following i The value of the Covered Property ii The cost of reasonably re storing that property to its condition immediately before loss or damage or iii The cost of replacing that property with substantially the same property plus 2 The amount of any prepaid freight charges and other shipping costs or charges that are incurred while the property is in transit. j. Glass at 1 The cost of replacement with safety glazing material if required by law plus 2 The amount of reasonable expenses incurred to put up temporary plates or board up openings if repair or re placement of the damaged glass is delayed. k. Valuable papers and records at the cost of 1 Blank material for reproducing the re cords and 2 Labor to transcribe or copy records for which duplicates exist. The restoration of data on valuable pa pers and records for which duplicates do not exist is provided under the Valuable Papers and Records Cost of Research Coverage Extension. I. Works of arts antiques or rare articles at the least of 1 The price at which the property could likely be sold prior to loss or damage if offered for sale in a fair market on the date the loss or damage oc curred 2 The cost of reasonably restoring that property or 3 The cost of replacing that property with substantially the same property. m. Personal property at exhibitions at the lesser of replacement cost or the original cost to you. DX T100 11 12 2011 The Travelers Indemnit Includes copyrighted material of Insurance n. Patterns dies molds and forms not in current usage at actual cash value. If loss is paid on an actual cash value basis and within 24 months from the date of the loss you need to repair or replace one or more of them we will pay you subject to the conditions of this insurance the differ ence between actual cash value and re placement cost for those patterns molds and dies which are actually repaired or replaced. Personal property valuation includes the pro rated value of non refundable and non transferable extended warranties maintenance contracts or service con tracts that you purchased on lost or dam aged personal property that you repair or replace. This applies only when the ex tended warranty maintenance contract or service contract is voided due to the loss or damage to the personal property. If branded or labeled merchandise that is Covered Property is damaged by a Cov ered Cause of Loss and we take all or part of the property at an agreed or ap praised value we will pay subject to the Limit of Insurance that applies to the damaged property 1 The reasonable expenses you incur to a Stamp the word Salvage on the merchandise or its containers if the stamp will not physically damage the merchandise or Remove the brands or labels if doing so will not physically dam age the merchandise. You must re label the merchandise or its containers to comply with the law. 2 The reduction in the salvage value of the damaged merchandise with the brand or label removed. If you decide to repair or rebuild buildings which have sustained loss or damage our payment will include any reasonable and necessary architectural engineering consulting or supervisory fees incurred. This will not increase the applicable Lim its of Insurance. Pairs sets or parts 1 In case of loss to any part of a pair or set we may at our option b Page 33 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a Repair or replace any part to re store the pair or set to its value before the loss or b Pay the difference between the value of the pair or set before and after the loss. 2 In case of loss to any part of Covered Property consisting of several parts when complete we will only pay for the value of the lost or damaged part. H. ADDITIONAL CONDITIONS The following conditions apply in addition to the Common Policy Conditions Deluxe 1. Concealment Misrepresentation or Fraud This Coverage Part is void in any case of fraud by you as it relates to this Coverage Part at any time. It is also void if you or any other insured at any time intentionally con ceal or misrepresent a material fact concern ing a. This Coverage Part b. The Covered Property c. Your interest in the Covered Property or d. A claim under this Coverage Part. Control of Property The breach of any condition of this Coverage Part as a result of act or neglect of any per son other than you beyond your direction or control will not affect this insurance. The breach of any condition of this Coverage Part at any one or more locations will not af fect coverage at any location where at the time of loss or damage the breach of condi tion does not exist. Currency The amounts used within this Coverage Part are in the currency of the United States of America and all premium and losses are pay able in United States currency. In the event of a loss adjustment involving currency other than United States currency the conversion into United States currency will be at the pub lished rate of exchange as of the date of the loss. Legal Action Against Us No one may bring a legal action against us under this Coverage Part unless a. There has been full compliance with all of the terms of this Coverage Part and b. The action is brought within 2 years after the date on which the direct physical loss or damage occurred. 5. Liberalization If we adopt any revision that would broaden the coverage under this Coverage Part with out additional premium within 60 days prior to or during the policy period the broadened coverage will immediately apply to this Cov erage Part. 6. Mortgageholders b. The term mortgageholder includes trus tee. We will pay for covered loss of or damage to buildings or structures to each mort gageholder shown in the Declarations in their order of precedence as interests may appear. The mortgageholder has the right to re ceive loss payment even if the mortgage holder has started foreclosure or similar action on the building or structure. If we deny your claim because of your acts or because you have failed to com ply with the terms of this Coverage Part the mortgageholder will still have the right to receive loss payment if the mortgage holder 1 Pays any premium due under this Coverage Part at our request if you have failed to do so 2 Submits a signed sworn proof of loss within 60 days after receiving notice from us of your failure to do so and 3 Has notified us of any change in ownership occupancy or substantial change in risk known to the mort gageholder. All of the terms of this Coverage Part will then apply directly to the mortgageholder. If we pay the mortgageholder for any loss or damage and deny payment to you be cause of your acts or because you have failed to comply with the terms of this Coverage Part 1 The mortgageholder s rights under the mortgage will be transferred to us to the extent of the amount we pay and Page 34 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 The mortgageholder s right to recover the full amount of the mortgage holder s claim will not be impaired. At our option we may pay to the mort gageholder the whole principal on the mortgage plus any accrued interest. In this event your mortgage and note will be transferred to us and you will pay your remaining mortgage debt to us. If we cancel this policy we will give writ ten notice to the mortgageholder at least 1 10 days before the effective date of cancellation if we cancel for your non payment of premium or 2 60 days before the effective date of cancellation if we cancel for any other reason. If we elect not to renew this policy we will give written notice to the mortgageholder at least 60 days before the expiration date of this policy. 7. No Benefit to Bailee No person or organization other than you having custody of Covered Property will benefit from this insurance. 8. Other Insurance a. You may have other insurance subject to the same plan terms conditions and pro visions as the insurance under this Cov erage Part. If you do we will pay our share of the covered loss or damage. Our share is the proportion that the applicable Limit of Insurance under this Coverage Part bears to the Limits of Insurance of all insurance covering on the same basis. If there is other insurance covering the same loss or damage other than that de scribed in Paragraph a. above we will pay only for the amount of covered loss or damage in excess of the amount due from that other insurance whether you can collect on it or not. But we will not pay more than the applicable Limit of Insur ance. If loss or damage is also covered by a service agreement any amounts payable for such loss or damage under this Cov erage Part will be excess over any amounts payable under such agreement. Service agreement means a service plan property restoration plan or similar ser 10. 11. vice warranty agreement even if it is characterized as insurance. Policy Period Coverage Territory Under this Coverage Part a. We cover loss or damage commencing 1 During the policy period shown in the Declarations and 2 Within the Coverage Territory. b. Except as otherwise specifically provided the Coverage Territory is 1 The United States of America includ ing its territories and possessions 2 Puerto Rico and 3 Canada. Transfer of Rights of Recovery Against Others to Us If any person or organization to or for whom we make payment under this Coverage Part has rights to recover damages from another those rights are transferred to us to the extent of our payment. That person or organization must do everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party in writing a. Prior to aloss under this Coverage Part. b. After a loss under this Coverage Part only if at time of loss that party is one of the following 1 Someone insured by this insurance 2 Abusiness firm a Owned or controlled by you or b That owns or controls you or 3 Your tenant. This will not restrict your insurance. Unintentional Errors In Description Your error in how you describe the address of a location in the Location Schedule shall not prejudice coverage afforded by this policy provided such error is not intentional. Any such error shall be reported and corrected when discovered and appropriate premium charged. OPTIONAL COVERAGES If shown as applicable in the Declarations the following Optional Coverages apply separately to each item. DX T100 1112 Page 35 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
1. Actual Cash Value replaces the term Re placement Cost where used in the Valuation Loss Conditions in Section G.6. of this Cov erage Form. 2. Inflation Guard a. The Limit of Insurance for property to which this Optional Coverage applies will automatically increase by the annual per centage shown in the Declarations. b. The amount of increase will be 1 The Limit of Insurance that applied on the most recent of the policy incep tion date the policy anniversary date or any other policy change amending the Limit of Insurance times The percentage of annual increase shown in the Declarations expressed as a decimal example 8 is.08 times The number of days since the begin ning of the current policy year or the effective date of the most recent pol icy change amending the Limit of In surance divided by 365. Example If The applicable Limit of Insurance 2 3 is 100000 The annual percentage increase is 8 The number of days since the begin ning of the policy year or last policy change is 146 The amount of the increase is 100000 x.08 x 146365 3200 J. DEFINITIONS 1. Electronic Data Processing Data and Me dia means the following a. Electronic data processing data and me dia means 1 Data stored on created or used on or transmitted to or from computer software including systems and ap plications software on electronic data processing recording or storage me dia such as hard or floppy disks CDs DVDs flash memory tapes drives cells data processing devices or any other repositories of computer software which are used with elec tronically controlled equipment 2 The electronic media on which the data is stored and 3 Programming records and instruc tions used with electronic data proc essing equipment. b. Electronic data processing data and me dia does not mean 1 Prepackaged software 2 Property that you manufacture or hold for sale or 3 Property that is licensed leased or rented to others. 2. Electronic Data Processing Equipment means the following a. Electronic data processing equipment means any of the following equipment used in your data processing operations 1 Electronic data processing equip ment facsimile machines word proc essors multi functional telephone equipment and laptop and portable computers and 2 Any component parts or peripherals of such equipment including related surge protection devices. b. Electronic data processing equipment does not mean 1 Property that is in the course of manufacture or held for sale or dis tribution by you 2 Property that is leased or rented to others or 3 Equipment that is used to control or operate production type machinery or equipment. 3. Employee Tools means tools and equip ment owned by your employees and used in your business operations. 4. Exhibition means the temporary display of personal property at a convention exposition trade show or similar event at a location you do not own or regularly occupy. 5. Fine Arts means paintings etchings pic tures tapestries art glass windows valuable rugs statuary marbles bronzes antique fur niture rare books antique silver manu scripts porcelains rare glass bric a brac and Page 36 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
10. 11. 12. similar property of rarity historical value or artistic merit. Fungus means any type or form of fungus including mold or mildew and any mycotox ins spores scents or by products produced or released by fungi. Green means products materials methods and processes that conserve natural re sources reduce energy or water consump tion avoid toxic or other polluting emissions or otherwise minimize the environmental im pact. Green Authority means a recognized au thority on green building or green prod ucts materials or processes. Interior of a Building or Structure means any portion of a building or structure that is within the exterior facing surface material of the building or structure. Pollutants means any solid liquid gase ous or thermal irritant or contaminant includ ing smoke vapor soot fumes acids alkalis chemicals waste and any unhealthful or haz ardous building materials including but not limited to asbestos and lead products or ma terials containing lead. Waste includes mate rials to be recycled reconditioned or re claimed. Sinkhole Collapse means the sudden sinking or collapse of land into underground empty spaces created by the action of water on limestone or dolomite. This cause of loss does not include 1 The cost of filling sinkholes or 2 Sinking or collapse of land into man made underground cavities. Specified Causes of Loss means the fol lowing Fire lightning explosion windstorm or hail smoke including the emission or puff back of smoke soot fumes or vapors from a boiler furnace or related equipment aircraft or vehicles riot or civil commotion vandalism leakage from fire extinguishing equipment sinkhole collapse volcanic action falling ob jects as limited below weight of snow ice or sleet water damage all only as otherwise insured against in this Coverage Part. Falling objects does not include loss or dam age to a. Personal property in the open or 13. 14. 15. 16. b. The interior of a building or structure or property inside a building or structure unless the roof or an exterior wall of the building or structure is first damaged by a falling object. When the Causes of Loss Earthquake en dorsement Causes of Loss Earthquake Sprinkler Leakage endorsement or Causes of Loss Broad Form Flood endorsement is in cluded in this Coverage Part specified causes of loss also includes such cause of loss but only to the extent such cause of loss is insured against under this Coverage Part. Stock means merchandise held in storage or for sale raw materials and in process or finished goods including supplies used in their packing or shipping. Territorial Waters means that portion of the sea which is immediately adjacent to the shores of any country and over which the sovereignty and exclusive jurisdiction of that country extends but not exceeding 12 nauti cal miles from the mean low water mark of the shore of that country. Vacant means the following a. When this policy is issued to a tenant a building is vacant when it does not con tain enough business personal property to conduct customary operations. With respect to tenant s interest in Covered Property building means the unit or suite rented or leased to the tenant. b. When this policy is issued to the owner or general lessee of a building a building is vacant unless at least 31 of its total square footage is 1 Rented to a lessee or sub lessee and used by the lessee or sub lessee to conduct its customary operations andor 2 Used by the building owner to con duct customary operations. With respect to the owner or general les see s interest in Covered Property build ing means the entire building. c. A building under construction or renova tion is not considered vacant. Valuable Papers and Records means in scribed printed or written documents manu scripts or records including abstracts books deeds drawings films maps and mortgages. DX T100 1112 Page 37 of 38 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
But Valuable papers and records does not mean a. Accounts receivable b. Money or securities or c. Electronic data processing data and me dia or any other data that exists on elec tronic media. 17. Water damage means a. Accidental discharge or leakage of water or steam as the direct result of the break ing apart or cracking of a plumbing heat ing air conditioning or other system or appliance other than a sump system in cluding its related equipment and parts that is located on the described premises and contains water or steam and Accidental discharge or leakage of water as the direct result of the breaking apart or cracking of a water or sewer pipe that is located off the described premises if the breakage or cracking is caused by wear and tear. This provision serves as an exception to the wear and tear exclu sion under the Other Types of Losses Exclusion in Section C.2.i.. But water damage does not include loss or damage otherwise excluded under the terms of the Water Exclusion C.1.1.. Page 38 of 38 DX T100 1112 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
DELUXE BUSINESS INCOME AND EXTRA EXPENSE COVERAGE FORM Various provisions in this policy restrict coverage. Read the entire policy carefully to determine rights duties and what is and is not covered. Throughout this policy the words you and your refer to the Named Insured shown in the Declarations. The words we us and our refer to the Company providing this insurance. Other words and phrases that appear in quotation marks have special meaning. REFER TO SECTION G. DEFINITIONS in this Coverage Form and SECTION J. DEFINITIONS in the Deluxe Property Coverage Form. A. COVERAGE We will pay for The actual loss of Business Income you sus tain due to the necessary suspension of your operations during the period of resto ration and The actual Extra Expense you incur during the period of restoration caused by direct physical loss of or damage to property at premises which are described in the Declarations and for which a Business Income and Extra Expense Limit of Insurance is shown in the Declarations. The loss or damage must be caused by or result from a Covered Cause of Loss. With respect to loss of or damage to per sonal property in the open or personal property in a vehicle the described premises include the area within 1000 feet of the site at which the de scribed premises are located. With respect to the requirements set forth in the preceding paragraph if you occupy only part of the site at which the described premises are lo cated your premises means The portion of the building which you rent lease or occupy and Any area within the building or on the site at which the described premises are located if that area services or is used to gain access to the described premises. 1. Business Income a. Business Income means the sum of the 1 Net Income Net Profit or Loss before income taxes that would have been earned or incurred plus 2 Continuing normal operating ex penses incurred including payroll. For manufacturing risks Net Income in cludes the net sales value of production. DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. b. The coverage provided for Business In come is based on the entry shown in the Declarations for Rental Value. When 1 Included is shown the term Business Income includes Rental Value Excluded is shown the term Busi ness Income excludes Rental Value Only is shown the term Business In come means Rental Value only. If Limits of Insurance are shown under more than one of the above options the provisions of this Coverage Part apply separately to each. 2. Extra Expense Extra Expense means reasonable and nec essary expenses described in a. b. and c. below that you incur during the period of res toration and that you would not have incurred if there had been no direct physical loss of or damage to property caused by or resulting from a Covered Cause of Loss a. Expenses to avoid or minimize the sus pension of business and to continue op erations at 1 The described premises or 2 Replacement premises or temporary locations including a Relocation expenses and b Costs to equip and operate the replacement premises or tempo rary locations b. Expenses to minimize the suspension of business if you can not continue opera tions or c. Expenses to repair or replace property but only to the extent the amount of loss that otherwise would have been payable under this Coverage Form is reduced. 3 Page 1 of 13 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T101 1112 | 2 |
3. Covered Causes of Loss Covered Causes of Loss means RISKS OF DIRECT PHYSICAL LOSS unless the loss is excluded or limited in a. Section C. Exclusions or Section D. Limi tations of the Deluxe Property Coverage Form or b. Section B. Exclusions and Limitation of this Coverage Form or c. In the Declarations or by endorsement. 4. Additional Coverages Each of the following Additional Coverages applies subject to the Limits of Insurance stated in this Coverage Form unless a re vised Limit of Insurance or Not Covered is in dicated in the Declarations or the coverage is otherwise amended by endorsement a. Alterations and New Buildings We will pay for the actual loss of Busi ness Income you sustain and the actual Extra Expense you incur due to direct physical loss or damage at the described premises caused by or resulting from a Covered Cause of Loss to 1 New buildings or structures whether complete or under construction 2 Alterations or additions to existing buildings or structures and 3 Machinery equipment supplies or building materials located on or within 1000 feet of the described premises and a Used in the construction altera tions or additions or b Incidental to the occupancy of new buildings. If such direct physical loss or damage de lays the start of operations the period of restoration for Business Income cov erage will begin on the date operations would have begun if the direct physical loss or damage had not occurred. This change in the start of the period of resto ration does not apply to Extra Expense. b. Business Income From Dependent Property 1 We will pay for a The actual loss of Business In erations du restoration b The actual E cur during tf tion caused by direc damage to prop of a depende anywhere in the no sanction eml lation imposed of America prohi such loss. The property must be from a Covered This Additional apply to depe which you have ance under this The most we wi currence under t age for loss of I Extra Expense to property at th pendent property a Within the 100000 ar b Anywhere in the Covel 100000. With respect ol provided under age the phras premises as us period of restor replaced by the ises of a depen c. Civil Authority 1 When a Covel causes damage than property at ises we will pay Business Income actual Extra caused by actior prohibits acces premises provic following apply a Access to tl surrounding 3 4 come you sustain due to the nec erty is Pfonlt essary suspension of your op as a resul age 2 of 13 2011 The Travelers Indemnity Company. Al rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion caused by direct physical loss of or damage to property at the premises of a dependent property located anywhere in the world provided that no sanction embargo or similar regu lation imposed by the United States of America prohibits us from covering such loss. The loss or damage to the property must be caused by or result from a Covered Cause of Loss. This Additional Coverage does not apply to dependent property for which you have more specific insur ance under this or any other policy. 3 The most we will pay in any one oc currence under this Additional Cover age for loss of Business Income and Extra Expense arising out of damage to property at the premises of a de pendent property located a Within the Coverage Territory is 100000 and b Anywhere in the world outside of the Coverage Territory s 100000. 4 With respect only to the insurance provided under this Additional Cover age the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase at the prem ises of a dependent property. c. Civil Authority 1 When a Covered Cause of Loss causes damage to property other than property at the described prem ises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur caused by action of civil authority that prohibits access to the described premises provided that both of the following apply a Access to the area immediately surrounding the damaged prop erty is prohibited by civil authority as a result of the damage and DX T1 011112 Page 2 of 13 | 2 |
the described premises are within that area but are not more than 100 miles from the damaged property and b The action of civil authority is taken in response to dangerous physical conditions resulting from the damage or continuation of the Covered Cause of Loss that caused the damage or the action is taken to enable a civil authority to have unimpeded access to the damaged property. Civil Authority Coverage for Business Income will begin 72 hours after the time of the first action of civil authority that prohibits access to the described premises and will apply for a period of up to thirty consecutive days from the date on which such coverage be gan. Civil Authority Coverage for Extra Expense will begin immediately after the time of the first action of civil au thority that prohibits access to the described premises and will end a Thirty consecutive days after the date of that action or b When your Civil Authority Cover age for Business Income ends whichever is later. d. Contract Penalties 1 We will pay for Contract Penalties you incur due to the necessary sus pension of your operations during the period of restoration. The sus pension of your operations must be caused by direct physical loss or damage by a Covered Cause of Loss to property at the described prem ises including finished stock and personal property in the open or in a vehicle within 1000 feet of the de scribed premises. As used in this Additional Coverage Contract Penalties means amounts which under the terms of a written contract that is in effect at the time of the direct physical loss or damage you are required to pay to your cus tomers for failure to deliver your products or services on time. 2 3 2 3 The most we will pay for all Contract Penalties incurred in any one occur rence under this Additional Coverage regardless of the number of contracts involved is 25000. e. Extended Business Income 1 Business Income Other Than 2 Rental Value If the necessary suspension of your operations produces a Business In come loss payable under this Cover age Part we will pay for the actual loss of Business Income you incur during the period that a Begins on the date property ex cept finished stock is actually repaired rebuilt or replaced and operations are resumed and b Ends on the earlier of i The date you could restore your operations with rea sonable speed to the level which would generate the Business Income amount that would have existed if no di rect physical loss or damage had occurred or ii 180 consecutive days after the date determined in 1a above unless otherwise stated in the Declarations or by endorsement. However Extended Business Income does not apply to loss of Business In come incurred as a result of unfavor able business conditions caused by the impact of the Covered Cause of Loss in the area where the described premises are located. Loss of Business Income must be caused by direct physical loss of or damage to property at the described premises caused by or resulting from a Covered Cause of Loss. Rental Value If the necessary suspension of your operations produces a Rental Value loss payable under this Cov erage Part we will pay for the actual loss of Rental Value you incur dur ing the period that Page 3 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
a Begins on the date property is ac tually repaired rebuilt or replaced and tenantability is restored and b Ends on the earlier of i The date you could restore tenant occupancy with rea sonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss or damage had occurred or ii 180 consecutive days after the date determined in 2a above unless otherwise stated in the Declarations or by endorsement. However Extended Business Income does not apply to loss of Rental Value incurred as a result of unfa vorable business conditions caused by the impact of the Covered Cause of Loss in the area where the de scribed premises are located. Loss of Rental Value must be caused by direct physical loss or damage at the described premises caused by or resulting from a Cov ered Cause of Loss. f. Fungus Wet Rot or Dry Rot Amended Period of Restoration 1 The coverage described in f.2 and 2 Page 4 of 13.3 below only applies when fun gus wet rot or dry rot is the result of any of the specified causes of loss other than fire or lightning that oc curs at the described premises during the policy period and only if all rea sonable means have been used to save and preserve the property from further damage at the time of and af ter that occurrence. If the cause of loss at the described premises which results in fungus wet rot or dry rot does not in itself necessitate a suspension of opera tions but such suspension of op erations is necessary due to loss or damage to property at the described premises caused by fungus wet rot or dry rot then our payment for loss of Business Income and Extra Ex pense is limited to the actual amount 2011 The Travelers Indemnit Includes copyrighted material of Insuranc egins on the date property is ac sally repaired rebuilt or replaced nd tenantability is restored and nds on the earlier of The date you could restore tenant occupancy with rea sonable speed to the level which would generate the Rental Value that would have existed if no direct physical loss or damage had occurred or i 180 consecutive days after the date determined in 2a above unless otherwise stated in the Declarations or by endorsement. ver Extended Business Income not apply to loss of Rental incurred as a result of unfa le business conditions caused e impact of the Covered Cause ss in the area where the de ed premises are located. of Rental Value must be ed by direct physical loss or ige at the described premises ed by or resulting from a Cov Cause of Loss. Wet Rot or Dry Rot d Period of Restoration coverage described in f.2 and below only applies when fun wet rot or dry rot is the result of f the specified causes of loss than fire or lightning that oc at the described premises during olicy period and only if all rea ble means have been used to and preserve the property from r damage at the time of and af at occurrence. cause of loss at the described ises which results in fungus ot or dry rot does not in itself ssitate a suspension of opera but such suspension of op ns is necessary due to loss or ge to property at the described ises caused by fungus wet rot y rot then our payment for loss usiness Income and Extra Ex e is limited to the actual amount 2011 The Travelers Indemnity Company. All rights reserved. of such loss and expense sustained during a period of not more than 30 days unless another number of days is shown in the Declarations. The days need not be consecutive. 3 If a covered suspension of opera 4 tions is caused by a cause of loss at the described premises other than fungus wet rot or dry rot but reme diation of resulting loss by fungus wet rot or dry rot prolongs the period of restoration we will pay for the ac tual loss of Business Income and the actual Extra Expense sustained dur ing the delay regardless of when such a delay occurs during the pe riod of restoration but such cover age is limited to a period of not more than 30 days unless another number of days is shown in the Declarations. The days need not be consecutive. The Fungus Wet Rot or Dry Rot ex clusion in Section C.1.c. of the De luxe Property Coverage Form does not apply to the insurance specifically provided under this Additional Cover age. Green Building Alternatives In creased Period of Restoration If direct physical loss or damage by a Covered Cause of Loss occurs to a build ing at a described premises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur during the reasonable and nec essary increase in the period of restora tion that is incurred to 1 Repair or replace the lost or dam 2 aged portions of the building using products or materials that a Are green alternatives to the products or materials of the lost or damaged property in accor dance with the documented stan dards of a Green Authority and b Are otherwise of comparable quality and function to the dam aged property and Employ green methods or proc esses of construction disposal or re cycling in the course of repair and re placement of the lost or damaged DX T1 011112 Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
building in accordance with the documented standards of a Green Authority subject to a maximum of 30 additional days unless another number of days is shown in the Declarations from the date the period of restoration would other wise have ended. Ordinance or Law Increased Period of Restoration 1 If direct physical loss or damage by a 2 Covered Cause of Loss occurs to property at the described premises we will pay for the actual loss of Business Income you sustain and the actual Extra Expense you incur dur ing the reasonable and necessary in crease in the period of restoration caused by or resulting from the en forcement of any ordinance or law which a Regulates the construction or re pair of any property b Requires the tearing down of parts of property not damaged by a Covered Cause of Loss and c Isin force at the time of loss. However this Additional Coverage applies only to the increased period required to repair or reconstruct the property to comply with the minimum standards of such ordinance or law. This Additional Coverage does not apply to any loss caused by or result ing from a The enforcement of any ordi nance or law which requires i The demolition repair re placement reconstruction remodeling or remediation of property due to contamina tion by pollutants or due to the presence growth prolif eration spread or any activity of fungus wet rot or dry rot or ii Requires any insured or oth ers to test for monitor clean up remove contain treat detoxify or neutralize or in any way respond to or as sess the effects of pollut ants fungus wet rot or dry rot or b The enforcement of any ordi nance or law which i You were required to comply with before the loss even if the building was undamaged and i You failed to comply with. 3 The Ordinance or Law exclusion in Section C.1.h. of the Deluxe Property Coverage Form does not apply to the insurance specifically provided under this Additional Coverage. 4 The most we will pay for loss and ex pense in any one occurrence under this Additional Coverage is 250000. Coverage Extensions Each of the following Coverage Extensions applies subject to the Limit of Insurance stated in this Coverage Form unless a differ ent Limit of Insurance or Not Covered is indi cated in the Declarations or the coverage is otherwise amended by endorsement a. Claim Data Expense 1 You may extend the insurance pro vided by this Coverage Form to apply to the reasonable expenses you incur in the preparation of claim data when we require it to adjust a covered loss. This includes the cost of preparing income statements and other docu mentation to show the extent of loss. We will not pay for a Any expenses incurred directed or billed by or payable to attor neys insurance adjusters or their associates or subsidiaries b Any costs as provided in the Ap praisal Loss Condition or c Any expenses incurred directed or billed by or payable to insur ance brokers or agents or their associates or subsidiaries with out our written consent prior to such expenses being incurred. 3 The most we will pay in any one oc currence under this Extension is 25000. 2 Page 5 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b. Ingress or Egress 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur when ingress to or egress from the described prem ises is prevented other than as pro vided in the Civil Authority Additional Coverage. 2 The prevention of ingress to or egress from the described premises must be caused by direct physical loss or damage by a Covered Cause of Loss to property that is away from but within 1 mile of the described premises unless a different number of miles is shown in the Declarations. This coverage will apply for up to 30 consecutive days from the date when the ingress or egress is first pre vented. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000. c. Newly Acquired Locations 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property including property under construc b 3 b Page 6 of 13 2011 The Travelers Indemnity Includes copyrighted material of Insurance tion at any location you newly ac quire by purchase lease or other wise other than at exhibitions. 2 The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 500000 at each newly acquired lo cation. With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase at a newly acquired lo cation. Insurance under this Extension for each newly acquired location will end when any of the following first occurs a This policy expires b 180 days expire after you acquire or begin to construct the property c You report the location to us or d Coverage for Business Income and Extra Expense at the location is more specifically insured. We will charge you additional pre mium for values reported from the date you acquire the property. d. Pollutant Cleanup and Removal 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur during the in creased period of time necessarily required to extract pollutants from land or water at the described prem ises. 2 The insurance provided under this Extension applies only if the dis charge dispersal seepage migra tion release or escape of the pollut 3 4. Al rights reserved. DX T1011112 Office Inc. with its permission. 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
3 ants into the land or water is caused by or results from direct physical loss or damage by any of the specified causes of loss which occurs a To property at the described premises that is Covered Prop erty under the Deluxe Property Coverage Form of this policy and b During the Policy Period. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred arising out of all specified causes of loss that occur during each separate 12 month period of this policy beginning with the effec tive date of this policy is 25000. e. Transit Business Income 1 You may extend the insurance pro 2 vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property while in the due course of transit at your risk within the Coverage Terri tory. This Extension does not apply to loss caused by or resulting from loss of or damage to a Shipments by a government postal service except by regis tered mail Export and import shipments while covered under an ocean marine cargo or other insurance policy Property while waterborne except while in transit by inland water carriers or by coastwise vessels operating within territorial wa ters b b c 3 4 d Property of others for which you are responsible while acting as a common or contract carrier car loader freight forwarder freight consolidator freight broker ship ping association or similar ar ranger of transportation or as a public warehouseman Property within a conveyance or container caused by theft while the conveyance or container is unattended unless the portion of the conveyance or container con taining the property is fully en closed and securely locked and the theft is by forcible entry of which there is visible evidence or f The transporting conveyance. With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is deleted and replaced by the phrase in the due course of transit. The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000. e f. Undescribed Premises 1 You may extend the insurance pro vided by this Coverage Form for a The actual loss of Business In come you sustain due to the nec essary suspension of your op erations during the period of restoration and b The actual Extra Expense you in cur during the period of restora tion to apply to the actual amount of such loss of Business Income and Extra Expense that you incur caused by di rect physical loss or damage by a Covered Cause of Loss to property at Undescribed Premises as defined in 2 below. Undescribed Premises as used in this Extension means premises a Owned leased or operated by you or Page 7 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
b Not owned leased or operated by you where your business per sonal property or business per sonal property of others in your care custody or control is located that are within the Coverage Territory and not described in the Declarations nor reported to or accepted by us for coverage under this Coverage Form. This Extension does not apply to loss caused by or resulting from loss or damage to property a At the premises of a dependent property b At any location to which the Newly Acquired Locations Cov erage Extension applies or c In the due course of transit. 4 The most we will pay under this Ex tension for the sum of Business In come loss and Extra Expense in curred in any one occurrence is 25000. 5 With respect only to the insurance provided under this Extension the phrase at the described premises as used in the definition of period of restoration is replaced by the phrase at Undescribed Premises. B. EXCLUSIONS AND LIMITATION The following exclusions and limitation apply in addition to the exclusions and limitations con tained in the Deluxe Property Coverage Form. 1. Exclusions 3 We will not pay for a. Any loss caused by or resulting from 1 Damage or destruction of finished stock or 2 The time required to reproduce fin ished stock. This exclusion does not apply to Extra Expense or to the insurance provided un der the Contract Penalty Additional Cov erage. b. Any loss caused by or resulting from di rect physical loss of or damage to the fol lowing property 1 Harvested grain hay straw or other crops while outside of buildings 2 Outdoor trees shrubs plants lawns including fairways greens and tees artificial turf and associated under layment growing crops land or wa ter 3 Communication radio or television antennas including satellite dishes and their lead in wiring masts or towers Animals unless the loss is caused by or results from a specified cause of loss and then only if as a direct re sult of the specified cause of loss the animals are killed or their death or destruction is made necessary or 5 Human body parts and fluids includ ing organs tissues blood and cells. c. Any increase of loss caused by or result ing from 1 Delay in rebuilding repairing or re placing the property or resuming op erations due to interference at the location of the rebuilding repair or replacement by strikers or other per sons or 2 Suspension lapse or cancellation of any license lease or contract. But if the suspension lapse or cancellation is directly caused by the suspension of operations we will cover such loss that affects your Business In come during the period of restora tion and any extension of the period of restoration in accordance with the terms of the Extended Business In come Additional Coverage or any variation thereof. d. Any Extra Expense caused by or resulting from suspension lapse or cancellation of any license lease or contract beyond the period of restoration. e. Any other consequential loss including fines and penalties except as specifically provided under the Contract Penalties Additional Coverage. 2. Limitation Electronic Media and Records a. We will not pay for any loss of Business Income caused by direct physical loss of or damage to electronic media and re cords after the longer of 1 60 consecutive days from the date of direct physical loss or damage or 4 pany. Al fights reserved. DX T1011112 vices Office Inc. with its permission. Page 8 of 13 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 The period beginning with the date of direct physical loss or damage nec essary to repair rebuild or replace with reasonable speed and similar quality other property at the de scribed premises or other location of the loss to which this insurance ap plies which suffered loss or damage in the same occurrence. This Limitation does not apply to Extra Expense. b. Electronic Media and Records are 1 Electronic data processing recording or storage media such as hard or floppy disks CDs DVDs flash mem ory tapes drives cells data proc essing devices or any other reposito ries of computer software which are used with electronically controlled equipment 2 Data stored on such media or 3 Programming records used for elec tronic data processing or electroni cally controlled equipment. EXAMPLE NO. 1 A Covered Cause of Loss damages a com puter on June 1. It takes until September 1 to replace the computer and until October 1 to restore the computer data that was lost when the damage occurred. We will only pay for the Business Income loss sustained during the period June 1 September 1. Loss during the period September 2 October 1 is not cov ered. EXAMPLE NO. 2 A Covered Cause of Loss results in the loss of data processing programming records on August 1. The records are replaced on Octo ber 15. We will only pay for the Business In come loss sustained during the period August 1 September 29 60 consecutive days. Loss during the period September 30 Octo ber 15 is not covered. C. LIMITS OF INSURANCE The most we will pay for loss or damage in any one occurrence is the applicable Limit of Insur ance shown in the Declarations Schedules Cov erage Forms or Endorsements. Payments under 1. The following Additional Coverages Alterations and New Buildings Civil Authority Extended Business Income Fungus Wet Rot or Dry Rot Amended Period of Restoration e. Green Building Alternatives Increased Period of Restoration and 2. The Ingress or Egress Coverage Extension are included in and do not increase the applicable Limits of Insurance. The remaining Additional Coverages in Section A.4. and the remaining Coverage Extensions in Section A.5. are additional insurance. Y. DEDUCTIBLE 1. An hour deductible applies to your Business Income coverage. We will not pay for loss of Business Income in any one occurrence that is incurred during the period of time that a. Begins at the time of direct physical loss or damage that triggers the Business In come coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour de ductible. 2. The Business Income hour deductible de scribed in 1. above does not a. Apply to or alter the coverage period that applies to the Business Income coverage provided under the Civil Authority Addi tional Coverage or b. Apply to the Contract Penalties Additional Coverage. 3. If a separate dollar deductible applies to other loss or damage in that same occurrence un der this Coverage Part such dollar deductible will apply to that other loss or damage and only the hourly deductible will apply to your loss of Business Income. 4. No deductible applies to Extra Expense. LOSS CONDITIONS The following conditions apply in addition to the Common Policy Conditions Deluxe the Loss Condition Duties in the Event of Loss in the De luxe Property Coverage Form and the Additional Conditions in the Deluxe Property Coverage Form Page 9 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Appraisal If we and you disagree on the amount of Net Income and operating expense or the amount of loss either may make written demand for an appraisal of the loss. In this event each party will select a competent and impartial appraiser. The two appraisers will select an umpire. If they can not agree either may request that selection be made by a judge of a court hav ing jurisdiction. The appraisers will state separately the amount of Net Income and op erating expense or amount of loss. If they fail to agree they will submit their differences to the umpire. A decision agreed to by any two will be binding. Each party will a. Pay its chosen appraiser and b. Bear the other expenses of the appraisal and umpire equally. If there is an appraisal we will still retain our right to deny the claim. Duties in the Event of Loss Additional Duty The following duty applies in addition to the duties specified in the Loss Condition Du ties in the Event of Loss in the Deluxe Prop erty Coverage Form If you intend to continue your business you must resume all or part of your operations as quickly as possible. Loss Determination a. The amount of Business Income loss will be determined based on 1 The Net Income of the business be fore the direct physical loss or dam age occurred The likely Net Income of the business if no physical loss or damage oc curred but not including any Net In come that would likely have been earned as a result of an increase in the volume of business as a result of favorable business conditions caused by the impact of the Covered Cause of Loss on customers or on other businesses The operating expenses including payroll expenses necessary to re sume operations with the same quality of service that existed just be 2 3 fore the direct physical loss or dam age and 4 Other relevant sources of information including a Your financial records and ac counting procedures b Bills invoices and other vouch ers and c Deeds liens or contracts. The amount of Extra Expense will be de termined based on 1 All reasonable and necessary ex penses that exceed the normal oper ating expenses that would have been incurred by operations during the period or restoration if no direct physical loss or damage had oc curred. We will deduct from the total of such expenses a The salvage value that remains of any property bought for tempo rary use during the period of res toration once operations are resumed and b Any Extra Expense that is paid for by other insurance except for insurance that is written subject to the same plan terms condi tions and provisions as this in surance and 2 Al reasonable and necessary ex penses that reduce the Extra Ex pense loss that otherwise would have been incurred. Resumption of Operations We will reduce the amount of your 1 Business Income loss other than Ex tra Expense to the extent you can resume your operations in whole or in part by using damaged or undam aged property including merchandise or stock at the described premises or elsewhere and with respect to the Business Income From Dependent Property Additional Coverage by us ing any other available source of ma terials or outlet for your products. Extra Expense loss to the extent you can return operations to normal and discontinue such Extra Expense. DX T1 011112 Page 10 of 13 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Days 1 30 40000 Days 31 60 20000 Days 61 90 30.000 90000 We will pay Days 1 30 30000 Days 31 60 20000 Days 61 90 30.000 80000 The remaining 10000 is not cov ered. 3. Ordinary Payroll Exclusion or Limitation a. When the Declarations shows 1 Ordinary Payroll is excluded the Business Income coverage provided for continuing normal operating ex penses incurred does not include Or dinary Payroll Ordinary payroll is limited to a speci fied number of days the Business In come coverage provided for continu ing normal operating expenses in curred only includes Ordinary Payroll for the specified number of days. The number of days may be used in two separate periods during the period of restoration. b. Ordinary payroll expenses mean payroll expenses for all your employees except 1 Officers 2 Executives 3 Department managers 4 Employees under contract and 5 Additional Exemptions shown by en dorsement as a Job Classifications or b Employees. c. Ordinary payroll expenses include 1 Payroll 2 Employee benefits if directly related to payroll 3 FICA payments you pay 4 Union dues you pay and 5 Worker s compensation premiums. d. If you do not resume operations or do not resume operations as quickly as possible we will pay based on the length of time it would have taken to resume operations as quickly as possible. 4. Loss Payment We will pay for covered loss within 30 days after we receive the sworn proof of loss if a. You have complied with all of the terms of this Coverage Part and b. 1 We have reached agreement with you on the amount of loss or 2 An appraisal award has been made. F. OPTIONAL COVERAGES If shown as applicable in the Declarations the fol lowing Optional Coverages apply separately to each item. 1. Maximum Period of Indemnity The most we will pay for the total loss of Business Income including the Extended Business Income Additional Coverage and Extra Expense is the lesser of a. The amount of loss sustained and ex penses incurred during the 120 days im mediately following the beginning of the period of restoration or b. The Limit of Insurance shown in the Dec larations. Monthly Limit of Indemnity The most we will pay for loss of Business In come including the Extended Business In come Additional Coverage in each period of 30 consecutive days after the beginning of the period of restoration is a. The Limit of Insurance multiplied by b. The fraction shown in the Declarations for this Optional Coverage. EXAMPLE When The Limit of Insurance is 120000 The fraction shown in the Declara tions for this Optional Coverage is 14 The most we will pay for loss in each period of 30 consecutive days is 120000 x 14 30000 If in this example the actual amount of loss is Page 11 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
G. DEFINITIONS 1. Dependent Property means property oper ated by others you directly depend on to a. d. Deliver materials or services to you or to others for your account Contributing Lo cations. But any property which delivers the following services is not a Contribut ing Location with respect to such ser vices 1 Water supply services 2 Power supply services or 3 Communication services including services relating to internet access or access to any electronic cellular or satellite network. Accept your products or services Recipi ent Locations Manufacture products for delivery to your customers under contract of sale Manu facturing Locations or Attract customers to your business Leader Locations. 2. Finished Stock means stock you have manufactured. Finished Stock also includes whiskey and alcoholic products being aged. Finished Stock does not include stock you have manufactured that is held for sale on the premises of any retail outlet insured under this Coverage Part. 3. Operations means a. Your business activities occurring at the described premises even if such activities would not have produced income during the period of restoration such as re search and development activities and The tenantability of the described prem ises if coverage for Business Income in cluding Rental Value or Rental Value only applies. 4. Period of Restoration a. Period of Restoration means the period of time that 1 a For Business Income coverage begins once the number of hours of the applicable Business In come hour deductible if any ex pires following the time of direct physical loss or damage and b. b For Extra Expense coverage be gins immediately after the time of direct physical loss or damage caused by or resulting from a Cov ered Cause of Loss at the described premises and 2 Ends on the earlier of a The date when the property at the described premises should be repaired rebuilt or replaced with reasonable speed and similar quality or b The date when business is re sumed at a new permanent loca tion. Period of restoration does not include any increased period required due to the enforcement of any ordinance or law that 1 Regulates the construction use or repair or requires the tearing down of any property except as provided in the Ordinance or Law Increased Pe riod of Restoration Additional Cover age or Requires any insured or others to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the ef fects of fungus wet rot or dry rot except as provided in the Fungus Wet Rot or Dry Rot Amended Pe riod of Restoration Additional Cover age or Requires any insured or others to test for monitor clean up remove con tain treat detoxify or neutralize or in any way respond to or assess the ef fects of pollutants except as pro vided in the Pollutant Clean Up and Removal Coverage Extension. Period of restoration does not include any increased period required to attain a pre loss level of green building certifica tion from a Green Authority. But this does not apply to any increase in the pe riod of restoration otherwise insured un der the Green Buildings Alternatives In creased Period of Restoration Additional Coverage. 3 The expiration date of this policy will not cut short the period of restoration. DX T1 011112 Page 12 of 13 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
5. Rental Value means Business Income that consists of a. Net Income Net Profit or Loss before in come taxes that would have been earned or incurred as rental income from tenant occupancy of the premises de scribed in the Declarations as furnished and equipped by you including fair rental value of any portion of such described premises which is occupied by you and Continuing normal operating expenses incurred in connection with such prem ises including 1 Payroll and 2 The amount of charges which are the legal obligation of the tenants but would otherwise be your obligations. 6. Suspension means b. The partial or complete cessation of your business activities or That a part or all of the described prem ises is rendered untenantable if coverage for Business Income including Rental Value or Rental Value only applies. Page 13 of 13 DX T101 1112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
POLICY NUMBER P630 8J994632 PHX18 ISSUE DATE 10 23 18 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT COVERED ANIMALS DXT479 1112 DELUXE PROPERTY COVERAGE PART A. As used in this endorsement Covered Animals means animals that are 1. Your animals or the animals of others in your care custody or control and 2. Used in your business operations.. The following is added to the Additional Cover ages in Section A.3. of the Deluxe Property Cov erage Form Covered Animals 1. We will pay for direct physical loss of Covered Animals while at or within 1000 feet of the described premises or while in transit at your risk within the Coverage Territory caused by or resulting from any of the following causes of loss not otherwise excluded under this Coverage Part a. Any of the specified cause of loss b. Collision upset or overturn of a transport ing vehicle or c. Theft including attempted theft and loss of a Covered Animal from a known loca tion when it is likely that the Covered Animal has been stolen provided such causes of loss directly result in the death necessary humane destruction or in the case of theft of a Covered Animal that is not found and returned the total loss of the animal. 2. The exclusion of animals under the Property and Costs Not Covered in Section A.2.c. of the Deluxe Property Coverage Form does not apply to this Additional Coverage. 3. The most we will pay for loss in any one oc currence under this Additional Coverage is the Any One Occurrence Limit of Insurance shown in the Schedule below. However a. If an Each Covered Animal Limit of Insur ance is also shown in the Schedule be 2011 The Travelers Indemnity Company. All rights reserved. This endorsement modifies insurance provided under the following low we will not pay more for loss of any one animal than that Each Covered Ani mal Limit of Insurance b. If an Annual Aggregate Limit of Insurance is shown in the Schedule below the most we will pay for loss of all Covered Ani mals occurring in each separate 12 month period of this policy beginning with the effective date of this policy re gardless of the number of occurrences or animals involved is that Annual Aggre gate Limit of Insurance. 4. In the event of loss under this Additional Cov erage we will determine the value of Covered Animals at actual cash value at the time of loss of such animals prior to any training or other work performed on the animals by you or on your behalf in your business opera tions. C. The exclusion of loss caused by or resulting from direct physical loss of or damage to animals un der 1. Section B.1.b.4 of the Business Income And Extra Expense Coverage Form 2. Section B.1.b.4 of the Business Income Without Extra Expense Coverage Form and 3. Section B.1.d. of the Extra Expense Cover age Form is replaced by the following We will not pay for loss caused by or resulting from direct physical loss of or damage to animals unless the loss is caused by or re sults from any of the following causes of loss a. Any of the specified causes of loss or b. Theft including attempted theft and loss of a Covered Animal from a known loca tion when it is likely that the Covered Animal has been stolen Page 1 of 2 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 1 of 2 | 2 |
and then only if such causes of loss directly Animal that is not f result in the death necessary humane de tal loss of the anime struction or in the case of theft of a Covered SCHEDULE Covered Animals Limits of Insurance Any One Occurrence Each Covered Animal Annual Aggregate 10000 250 50000 Not applicable unless a limit is shown. Animal that is not found and returned the to tal loss of the animal. DX T479 1112 Page 2 of 2 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS EARTHQUAKE This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT 1. This endorsement applies at the premises lo cations of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations. This endorsement also applies to a. The Newly Constructed or Acquired Property Coverage Extension in the De luxe Property Coverage Form b. The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income With out Extra Expense and Extra Expense Coverage Forms c. The Civil Authority Additional Coverage in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms but only with respect to such loss of Business Income andor Extra Ex pense incurred at the premises of the building numbers for which an Earth quake Limit of Insurance is shown in the Declarations and d. Utility Services Direct Damage or Utility Services Time Element coverage pro vided under this Coverage Part if any but only with respect to such direct dam age loss or loss of Business Income andor Extra Expense that is incurred at the premises of the building numbers for which an Earthquake Limit of Insurance is shown in the Declarations. Except as provided in A.1.a. through A.1.d. above this endorsement does not apply to loss or damage caused by or resulting from Earthquake or Volcanic Eruption that occurs away from the premises locations of the building numbers for which an Earthquake Limit of Insurance is shown in the Declara tions. 3. This endorsement does not apply to or mod ify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by fire or explosion that results from earth movement other than volcanic eruption explosion or effusion or for loss or dam age by fire building glass breakage or volcanic action that results from a vol canic eruption explosion or effusion or b. Any other insurance provided under this Coverage Part for loss or damage to which the Earth Movement exclusion does not apply. B. COVERED CAUSES OF LOSS The following are added to the Covered Causes of Loss and the specified causes of loss 1. Earthquake meaning a shaking or trembling of the earth s crust caused by underground volcanic or tectonic forces or by breaking or shifting of rock beneath the surface of the ground from natural causes. 2. Volcanic Eruption meaning the eruption ex plosion or effusion of a volcano. All earthquake shocks or volcanic eruptions that occur within any 168 hour period will constitute a single Earthquake or Volcanic Eruption. The expi ration of this policy will not reduce the 168 hour period. C. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. The Earth Movement exclusion contained in Section C.1.b. of the Deluxe Property Cover age Form does not apply to the coverage provided under this endorsement. The re maining Exclusions and the Limitations that apply to this Coverage Part apply to the cov erage provided under this endorsement. For example loss caused directly or indirectly by a cause of loss excluded under provisions 1a through 1e of the Water exclusion Page 1 of 4 DX T3 011112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
Page 2 of 4 contained in Section C.1.I. of the Deluxe Property Coverage Form such as flood or tidal wave is excluded even if the flood or tidal wave is attributable to an Earthquake or Volcanic Eruption. 2. The following additional exclusions apply to the coverage provided under this endorse ment a. We will not pay for loss or damage caused by or resulting from any earth quake or volcanic eruption that begins be fore the inception of this insurance. b. We will not pay for the cost of restoring or stabilizing land or for loss resulting from the time required to restore or stabilize land. 3. The following additional Limitation applies to the coverage provided by this endorsement We will not pay for loss of or damage to exte rior masonry veneer except stucco on wood frame walls caused by or resulting from Earthquake or Volcanic Eruption. The value of such veneer will not be included in the value of Covered Property or the amount of loss when applying the Deductible applicable to this endorsement. This limitation does not apply a. If less than 10 of the total outside wall area is faced with masonry veneer ex cluding stucco or b. At any premises locations of the building numbers to which the Cause of Loss Earthquake Masonry Veneer Coverage endorsement applies as indicated in the Schedule of that endorsement when it is attached to this policy. D. UNDERGROUND WIRES PIPES FLUES AND DRAINS EXTENSION Under the Deluxe Property Coverage Form when Building coverage applies at premises locations to which this endorsement applies the insurance provided by this endorsement is extended to also apply to direct physical loss or damage by Earth quake or Volcanic Eruption to underground wires pipes flues and drains at such premises loca tions. The exclusion of underground wires pipes flues and drains under Section A.2. Property and Costs Not Covered of the Deluxe Property Cov erage Form does not apply to this Extension. This Extension does not increase the Earthquake Limit of Insurance that applies at such premises locations. E. LIMITS OF INSURANCE 1. 2011 The Travelers Indemnity Company. Al rights reserved. The most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all earthquakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this pol icy is the single highest Annual Aggregate Limit of Insurance shown in the Declarations for Earthquake. Subject to the single highest Annual Aggre gate Limit of Insurance shown in the Declara tions for Earthquake a. Any individual Annual Aggregate Limit of Insurance shown in the Declarations for Earthquake is the most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all earthquakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this policy to which such individual Annual Aggregate Limit of Insurance shown in the Declara tions for Earthquake applies. b. If more than one Annual Aggregate Limit of Insurance applies to loss or damage under this endorsement in any one occur rence each limit will be applied sepa rately but the most we will pay under this endorsement for all loss or damage in that occurrence is the single highest in volved Annual Aggregate Limit of Insur ance applicable to that occurrence. c. The most we will pay under this en dorsement for the total of 1 All loss or damage under the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form and 2 All loss under the Newly Acquired Locations Coverage Extension in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms caused by or resulting from all earth quakes and volcanic eruptions in a 12 month period of this policy beginning with the effective date of this policy is 100000. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement is included in and does not in crease the Limits of Insurance provided under DX T3 011112 Includes copyrighted material of Insurance Services Office Inc. with its permission. Page 2 of 4 | 2 |
this Coverage Part. For example subject to the applicable Earthquake Annual Aggregate Limits of Insurance our payment for loss under any Utility Services Direct Damage or Utility Services Time Element coverage that is attributable to an Earthquake or Volcanic Eruption to which this endorsement applies will not exceed the Limit of Insurance that ap plies to that Utility Services Direct Damage or Utility Services Time Element coverage. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement applies regardless of the items or types of property number or types of cover ages including business income and extra expense coverages or number of premises locations involved. Amounts payable under this endorsement for any item or type of property or under any coverage Additional Coverage or Coverage Extension are subject to the Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement and will not a. Exceed the applicable property and cov erage Limits of Insurance provided under this Coverage Part nor b. Increase the applicable Annual Aggregate Limits of Insurance under this endorse ment. This includes payments under any Debris Removal or Ordinance or Law coverage for loss that is attributable to earthquake or vol canic eruption at premises locations to which this endorsement applies and covered as a result of the insurance provided under this endorsement. F. DEDUCTIBLES The following Deductible provisions apply to the insurance provided by this endorsement. The De ductibles applicable to loss or damage under this endorsement apply separately to each occur rence and apply in addition to any other Deducti bles in this Coverage Part that apply to loss or damage in the same occurrence. 1. Percent Deductible If a percentage is shown in the Declara tions as applicable the following applies a. This Deductible is calculated separately for and applies separately to each of the following items of insurance 1 Each building if two or more build ings sustain loss or damage 2 The building and to personal property in that building if both sustain loss or damage 3 Personal property at each building if personal property at two or more buildings sustains loss or damage 4 Personal property in the open and 5 Any other property insured under this Coverage Part. In determining the amount if any that we will pay for loss or damage we will de duct an amount equal to 1 2 5 or 10 as shown in the Declarations of 1 The Limit of Insurance applicable to each item of insurance that has sus tained loss or damage when specific insurance applies to that item of in surance meaning a separate Limit of Insurance applies only to that item of insurance for example each building or personal property in a building or 2 The value of each item of insurance that has sustained loss or damage when blanket insurance applies to that item of insurance meaning a single Limit of Insurance applies to two or more items of insurance for example a building and personal property in that building or two build ings. The value to be used is the value shown in the most recent Statement of Values on file with us. If there is no value on file with us for the item of insurance property we will use the values of the property at the time of loss. For newly constructed or acquired prop erty to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form ap plies we will deduct an amount equal to a percentage of the value of each item of insurance at the time of loss. The appli cable percentage used will be the highest percentage that applies at the premises location of any building number for which a percentage Deductible is shown in the Declarations. When the percentage Deductible shown in the Declarations is subject to 1 A minimum dollar amount in any one occurrence or Page 3 of 4 DX T3 011112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
2 A minimum dollar amount in any one occurrence at each premises loca tion the percentage Deductible will be calcu lated as described in 1.a. and 1.b. above but the minimum amount we will deduct in any one occurrence or in any one occur rence at each premises location as indi cated in the Declarations is the mini mum dollar amount shown in the Declara tions. d. We will not pay for loss or damage in any one occurrence under this endorsement until the amount of loss or damage ex ceeds the applicable Deductible. We will then pay the amount of loss or damage in excess of the Deductible up to the appli cable Limits of Insurance. 2. Dollar Deductible When a. Adollar amount in any one occurrence or b. A dollar amount in any one occurrence at each premises location is shown as the applicable Deductible in the Declarations we will not pay for loss or dam age in any one occurrence or in any one oc currence at each premises location as indi cated in the Declarations until the amount of loss or damage exceeds the applicable De ductible shown in the Declarations. We will then pay the amount of loss or damage in ex cess of the Deductible up to the applicable Limits of Insurance. When no percentage Deductible applies to the insurance provided under this endorse ment the Deductible applicable to newly ac quired or constructed property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies is the highest dollar Deductible shown in the Declarations for the premises location of any building number to which this endorsement applies. Hour Deductible When an hour Deductible is stated in the Declarations the following is applicable to your Business Income Coverage to which this endorsement applies We will not pay for loss of Business Income in any one occurrence that you incur during the period of time that a. Begins at the time of direct physical loss or damage by Earthquake or Volcanic Eruption that triggers the Business In come coverage and b. Continues for the consecutive number of hours shown in the Declarations as the applicable Business Income hour De ductible. The Deductible applicable to Business In come coverage at locations to which the Newly Acquired Locations Coverage Exten sion in the Business Income and Extra Ex pense Coverage Form or Business Income Without Extra Expense Coverage Form ap plies is the highest hour Deductible shown in the Declarations for any premises location to which this endorsement applies. No Deductible applies to Extra Expense. When a Deductible is shown in the Declara tions for Utility Service Direct Damage cov erage or Utility Services Time Element cov erage that Deductible will apply to the insur ance provided under the Utility Service Direct Damage coverage or Utility Services Time Element coverage for loss that is attrib utable to an Earthquake or Volcanic Eruption to which this endorsement applies. Other wise the above Deductible provisions apply to loss under the Utility Service Direct Dam age coverage or Utility Services Time Ele ment coverage that is attributable to an Earthquake or Volcanic Eruption to which this endorsement applies. DX T3 011112 Page 4 of 4 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DELUXE PROPERTY COVERAGE PART AMENDATORY ENDORSEMENT CAUSES OF LOSS BROAD FORM FLOOD This endorsement modifies insurance provided under the following DELUXE PROPERTY COVERAGE PART A. APPLICATION OF THIS ENDORSEMENT 1. DX T3021112 When a Broad Form Flood Limit of Insurance is shown in the Declarations for a building number this endorsement applies at the premises locations of such building num bers for which a Broad Form Flood Limit of Insurance is shown. When a Broad Form Flood Limit of Insurance is shown in the Declarations for property at the described premises within a Flood Zone or a non participating or suspended commu nity as classified under the National Flood Insurance Program this endorsement ap plies at the premises described in the Decla rations for coverage under this Coverage Part with respect to covered loss resulting from flood to buildings structures or personal property in the open within such Flood Zones or communityies for which a Broad Form Flood Limit of Insurance is shown or to personal property at the described premises in or on the buildings or structures within such Flood Zones or communityies. If at the time of loss a building a structure or personal property in the open is located within more than one Flood Zone or community coverage under this endorsement for loss or damage to or loss that is a consequence of loss or damage to that building structure or personal property in the open will be subject to the insurance Annual Aggregate Limit of Insurance and deductible if any that would apply under this policy if that building struc ture or personal property in the open was wholly located within the most hazardous of the Flood Zones or communities as stated below in which it is located. The most haz ardous Flood Zone or community that is de termined to apply to a building or structure will also apply with respect to the coverage under this endorsement for loss or damage to or loss or damage that is a consequence of loss or damage to any perso such building or structure The following listing o communities as classifi Flood Insurance Progra most hazardous to least a. Flood Zone V and F Vi b. Flood Zone A and F A c. Flood Zone D d. Non Participating or nities e. Flood Zone B Floc and Flood Zone X5 f. Flood Zone C and shaded. 3. This endorsement also a a. The Newly Consti Property Coverage luxe Property Cover of the Flood Zone ol the property is locate b. The Newly Acquired Extension in the Bt Extra Expense Bu out Extra Expense Coverage Forms re Zone or community acquired locations al c. The Civil Authority A the Business Incor pense Business In Expense and Extre Forms regardless c community in which triggers the covera with respect to such come andor Extra 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. or damage to any personal property in or on such building or structure. The following listing of Flood Zones and communities as classified under the National Flood Insurance Program is in order of the most hazardous to least hazardous b. Flood Zone V and Flood Zones prefixed Vi Flood Zone A and Flood Zones prefixed A Flood Zone D Non Participating or Suspended commu nities Flood Zone B Flood Zone X shaded and Flood Zone X500 Flood Zone C and Flood Zone X un shaded. This endorsement also applies to The Newly Constructed or Acquired Property Coverage Extension in the De luxe Property Coverage Form regardless of the Flood Zone or community in which the property is located The Newly Acquired Locations Coverage Extension in the Business Income And Extra Expense Business Income With out Extra Expense and Extra Expense Coverage Forms regardless of the Flood Zone or community in which the newly acquired locations are located The Civil Authority Additional Coverage in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms regardless of the Flood Zone or community in which the flood loss that triggers the coverage occurs but only with respect to such loss of Business In come andor Extra Expense that you in Page 1 of 5 | 2 |
Page 20f 5 cur at the premises described in A.1. or A.2. above and d. Utility Services Direct Damage or Utility Services Time Element coverage pro vided under this Coverage Part if any regardless of the Flood Zone or commu nity in which the flood loss to the utility services property that triggers the cover age occurs but only with respect to such direct damage loss or loss of Business Income andor Extra Expense that is in curred at the premises described in A.1. or A.2. above. 4. Except as provided in A.3.a. through A.3.d. above this endorsement does not apply to loss or damage caused by or resulting from flood that occurs away from the premises described in A.1. and A.2. above. 5. This endorsement does not apply to or mod ify any limits or deductibles that apply to a. The insurance otherwise provided under this Coverage Part for loss or damage by 1 Fire explosion or sprinkler leakage that results from flood or 2 Water or sewage from drains within a building if the backup or overflow is not otherwise directly or indirectly caused by Water that is excluded in provisions a b d or e of the Water exclusion in Section C.1.l. of the Deluxe Property Coverage Form or b. Any other insurance provided under this Coverage Part for loss or damage to which the Water exclusion in Section C.1.1. of the Deluxe Property Coverage Form does not apply.. COVERED CAUSES OF LOSS Flood is added to the Covered Causes of Loss and the specified causes of loss. All flood loss that occurs 1. During a continuous or protracted event such as a period of continued rising or overflow of any rivers streams or any bodyies of wa ter and the subsidence of same within the banks of such rivers streams or bodyies of water or 2. Due to any tidal wave or series of tidal waves that occur within any 168 hour period will constitute a single flood occurrence. If flood loss commences prior to the expiration 2011 The Travelers Indemnity Company. All rights reserved. date of this policy and the flood occurrence ex tends beyond the expiration date of this policy the expiration date of this policy will not reduce the flood occurrence period.. FLOOD DEFINED The following is added to the Section J. Defini tions in the Deluxe Property Coverage Form Flood means the following all whether naturally occurring or due to man made or other artificial causes and includes waterborne material carried or otherwise moved by any of the water referred to in paragraphs 1. 3. and 4. below and material carried or otherwise moved by mudslide or mud flow 1. Flood surface water waves including tidal wave and tsunami tides tidal water over flow of any body of water or spray from any of these all whether driven by wind including storm surge or not 2. Mudslide or mudflow 3. Water or sewage that backs up overflows or is otherwise discharged from a sewer drain sump sump pump or related equipment other than the backup or overflow of water or sewage from drains within a building to which the exception in provision c of the Water ex clusion in Section C.1.I. of the Deluxe Prop erty Coverage Form applies and 4. Water under the ground surface pressing on or flowing or seeping through a. Foundations walls floors or paved sur faces b. Basements whether paved or not or c. Doors windows or other openings.. EXCLUSIONS LIMITATIONS AND RELATED PROVISIONS 1. Under the Exclusions contained in Section C.1. of the Deluxe Property Coverage Form a. Exclusion b. Earth Movement does not apply to the insurance otherwise provided under this endorsement for loss or dam age caused by or resulting from 1 Mudslide or mudflow that is caused by or precipitated by the accumula tion or runoff of water on or below the surface of the ground or 2 Flood that is attributable to an Earth Movement such as tsunami but this exception does not apply to loss or damage caused by or resulting from DX T3 021112 Includes copyrighted material of Insurance Services Office Inc. with its permission. DX T3 021112 | 2 |
any excluded Earth Movement that results from such Flood. b. Exclusion I. Water does not apply to the coverage provided under this endorse ment. The remaining Exclusions and the Limitations that apply to this Coverage Part apply to the coverage provided under this endorsement. The following additional exclusions apply to the coverage provided under this endorse ment a. We will not pay for loss or damage caused by or resulting from any flood occurrence that begins before the incep tion of this insurance. b. We will not pay for the cost of restoring recovering or de watering land or for loss resulting from the time required to re store recover or de water land. The following LIMITATION is added as re spects coverage provided by this endorse ment EXCESS OF LOSS LIMITATION a. Unless otherwise indicated in the Decla rations or by endorsement this Excess of Loss Limitation applies to the coverage provided for direct physical loss of or damage to 1 Buildings structures and personal property in the open which are a Covered Property at the premises described in Section A.1. and A.2. of this endorsement or newly constructed or acquired property to which the Newly Con structed or Acquired Property Coverage Extension in the De luxe Property Coverage Form applies and b Located in whole or in part in Flood Zone A Flood Zones pre fixed A Flood Zone V or Flood Zones prefixed V as classified under the National Flood Insur ance Program at the time of loss and 2 Personal property which is Covered Property located in or on a building or structure described in 1 above and personal property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies. b. If the property is eligible to be written un der a National Flood Insurance Program NFIP policy we will pay only for the amount of loss in excess of the maximum limit that can be insured under that NFIP policy. This provision applies whether or not the maximum NFIP limit was obtained or maintained and whether or not you can collect on the NFIP policy. c. The Deductible provisions applicable to the coverage provided under this en dorsement apply in addition to any appli cable Excess of Loss Limitation. E. UNDERGROUND WIRES PIPES FLUES AND DRAINS EXTENSION Under the Deluxe Property Coverage Form when Building coverage applies at premises locations to which this endorsement applies the insurance provided by this endorsement is extended to also apply to direct physical loss or damage by flood to underground wires pipes flues and drains at such premises locations. The exclusion of under ground wires pipes flues and drains under Sec tion A.2. Property and Costs Not Covered of the Deluxe Property Coverage Form does not apply to this Extension. This Extension does not increase the Broad Form Flood Limit of Insurance that applies at such premises locations. F. LIMITS OF INSURANCE 1. The most we will pay under this endorsement for the total of all loss or damage caused by or resulting from flood in a 12 month period of this policy beginning with the effective date of this policy is the single highest An nual Aggregate Limit of Insurance shown in the Declarations for Broad Form Flood. Subject to the single highest Annual Aggre gate Limit of Insurance shown in the Declara tions for Broad Form Flood a. Any individual Annual Aggregate Limit of Insurance shown in the Declarations for Broad Form Flood is the most we will pay under this endorsement for the total of all loss or damage caused by or resulting from all flood occurrences in a 12 month period of this policy beginning with the effective date of this policy to which such individual Annual Aggregate Limit of In Page 3 of 5 DX T3021112 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
surance shown in the Declarations for Broad Form Flood applies. b. If more than one Annual Aggregate Limit of Insurance applies to loss or damage under this endorsement in any one occur rence each limit will be applied sepa rately but the most we will pay under this endorsement for all loss or damage in that occurrence is the single highest in volved Annual Aggregate Limit of Insur ance applicable to that occurrence. c. The most we will pay under this en dorsement for the total of 1 All loss or damage under the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form and All loss under the Newly Acquired Locations Coverage Extension in the Business Income And Extra Ex pense Business Income Without Extra Expense and Extra Expense Coverage Forms caused by or resulting from all flood oc currences in a 12 month period of this policy beginning with the effective date of this policy is 100000. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement is included in and does not in crease the Limits of Insurance provided under this Coverage Part. For example subject to the applicable Broad Form Flood Annual Ag gregate Limits of Insurance our payment for loss under any Utility Services Direct Dam age or Utility Services Time Element cover age that is attributable to flood to which this endorsement applies will not exceed the Limit of Insurance that applies to that Utility Ser vices Direct Damage or Utility Services Time Element coverage. The Annual Aggregate Limits of Insurance applicable to loss or damage under this en dorsement applies regardless of the items or types of property number or types of cover ages including business income and extra expense coverages or number of premises locations involved. Amounts payable under this endorsement for any item or type of property or under any coverage Additional Coverage or Coverage Extension are subject to the Annual Aggregate Limits of Insurance 2 applicable to loss or damage under this en dorsement and will not a. Exceed the applicable property and cov erage Limits of Insurance provided under this Coverage Part nor b. Increase the applicable Annual Aggregate Limits of Insurance under this endorse ment. This includes payments under any Debris Removal or Ordinance or Law coverage for loss that is attributable to flood at premises locations to which this endorsement applies and covered as a result of the insurance pro vided under this endorsement. G. DEDUCTIBLES The following Deductible provisions apply to the insurance provided by this endorsement. The De ductibles applicable to loss or damage under this endorsement apply separately to each occur rence and apply in addition to any other Deducti bles in this Coverage Part that apply to loss or damage in the same occurrence. 1. Dollar Deductible When a. A dollar amount in any one occurrence or b. A dollar amount in any one occurrence at each premises location is shown as the applicable deductible in the Declarations we will not pay for loss or dam age in any one occurrence or in any one oc currence at each premises location as indi cated in the Declarations until the amount of loss or damage exceeds the applicable De ductible shown in the Declarations. We will then pay the amount of loss or damage in ex cess of the Deductible up to the applicable Limits of Insurance. The Deductible applicable to newly acquired or constructed property to which the Newly Constructed or Acquired Property Coverage Extension in the Deluxe Property Coverage Form applies is the highest dollar deductible shown in the Declarations for any premises location to which this endorsement applies. Hour Deductible When an hour Deductible is stated in the Declarations the following is applicable to your Business Income Coverage to which this endorsement applies DX T3 021112 Page 4 of 5 2011 The Travelers Indemnity Company. All rights reserved. Includes copyrighted material of Insurance Services Office Inc. with its permission. | 2 |
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